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Integrity Scorecard

2007 Assessment

Ecuador: Integrity Indicators Scorecard

Ecuador: Integrity Scorecard Report > Sub-Category: Executive Accountability
Indicators		Score
23	In law, can citizens sue the government for infringement of their civil rights?	100
24	Can the chief executive be held accountable for his/her actions?	50
25	Is the executive leadership subject to criminal proceedings?	50
26	Are there regulations governing conflicts of interest by the executive branch?	59
27	Can citizens access the asset disclosure records of the heads of state and government?	33
28	In practice, official government functions are kept separate and distinct from the functions of the ruling political party.	50

Indicator and sub-Indicator Details

In law, can citizens sue the government for infringement of their civil rights?

23: In law, can citizens sue the government for infringement of their civil rights?

Score:

YES

Comments:

References: National Constitution, Article 23 No. l 3 CN, todos los ciudadanos son iguales ante la ley; Article 23 No. 15 CN, El derecho a dirigir quejas y peticiones a las autoridades; and Article 95.

Peer Review Comments: The National Constitution includes the right of constitutional protection (amparo constitucional) which is the right to require an appointed court to take measures in order to detain, prevent or remedy measures taken by an authority that may be against any right granted to citizens by the Constitution.

Can the chief executive be held accountable for his/her actions?

24a: In practice, the chief executive gives reasons for his/her policy decisions.

Score:

100

Comments: The National Constitution, specifies that the president every Jan. 15 should present in the National Congress an execution of government plan.

During his presidency Rafael Correa is interviewed every Saturday. Using broadcasting media (especially radio), the president discusses the priorities of the government, explains about policy decisions, etc. He also takes questions from journalists. However, Correa has been criticized by different media outlets, for ousting an editor from "El Universo" newspaper when he did not like a question. Correa alleged that the editor, Emilio Palacio, was not behaving properly.

At the ministerial levels, there are not reported cases of regular interviews with media outlet, but they inform the media of their achievements when this is necessary.

References: National Constitution, Article 17

www.elhoy.com.ec, 25/02/2007, Rafael Correa fustiga a la oposición.

www.elhoy.com.ec, 11/03/2007 Las siete cadenas de los 50 días.

Peer Review Comments: It is up to the chief executive to decide whether to respond.

24b: In law, the judiciary can review the actions of the executive.

Score:

YES

Comments: Article 196 of the National Constitution says: the administrative acts by any authority of the State, could be reviewed before the corresponding bodies of the judiciary. The executive makes administrative acts, therefore the actions of the executive can be reviewed by the administrative route or the judicial route.

References: Article 196 of the National Constitution

Article 23 Ley de Control Constitucional

24c: In practice, when necessary, the judiciary reviews the actions of the executive.

Score:

100

Comments:

References: Interview with PhD Wilson Perez, expert in Institutional themes (FLACSO).

Media

Peer Review Comments: As a rule, this is not done.

24d: In practice, the chief executive limits the use of executive orders for establishing new regulations, policies, or government practices.

Score:

100

Comments: The President Rafael Correa has made use the article 180 of the National Constitution several times during the first half of 2007. Sectors like Agriculture, Health, Roads, Education, etc, have been declared in emergency. Until now, Correa has declared 12 states of emergency by decree.

References: www.elhoy.com.ec 27/02/07 Rafael Correa decreta la emergencia vial y encarga obras al Ejército

www.elhoy .com.ec 26/03/07 EL DECRETO 147 delega la ejecución de las obras al ejército y este puede eludir procesos pre contractuales

www.elhoy.com.ec 26/03/07 "Las emergencias deben ser de estricta excepción"

Peer Review Comments: During the review period, the executive has not relied on executive orders to implement policies and regulations opposed by the legislature. In Ecuador, the executive is enabled to declare states of emergency to attend to sectors in crisis.

Is the executive leadership subject to criminal proceedings?

25a: In law, the heads of state and government can be prosecuted for crimes they commit.

Score:

YES

Comments: The President of the Republic enjoys immunity.

Article 130 of the National Constitution says a judge can remove presidential immunity with the approval of 2/3 of the National Congress.

References: National Constitution: Article 23 No. 3 CN establece la igualdad ante la ley and article 130, No. 10.

Article 13 No2, ic.9 Ley Orgánica de la Función Judicial.

Peer Review Comments: Customarily, presidents have simply been removed from office without prosecution. Often they seek exile in other countries.

25b: In law, ministerial-level officials can be prosecuted for crimes they commit.

Score:

YES

Comments: At the ministerial-level officials have "fuero especial", they do not have immunity.

References: National Constitution, article 23 No. 3 "Igualdad ante la ley" (Equality Before the Law)

Peer Review Comments: In recent months, the Minister of Environment, Ana Albán, eluded being called before Congress when a judge granted her constitutional protection. As had occurred with the Ministry of Economy, Ricardo Patiño, Congress also issued a vote of no confidence against her. However, as of October 24, she continues in office.

Peer Review Comments: Usually, they are simply removed from office. Some go into exile

Are there regulations governing conflicts of interest by the executive branch?

26a: In law, the heads of state and government are required to file a regular asset disclosure form.

Score:

YES

Comments: The form in which they should declare their assets is designed by the State Comptroller (CGE--Contraloría General del Estado.

References: Article 122 National Constitution of Ecuador

Article 5 Reglamento para la declaración jurada de bienes.

Peer Review Comments: The declarations are maintained in secrecy by the Comptroller's Office.

26b: In law, ministerial-level officials are required to file a regular asset disclosure form.

Score:

YES

Comments: The Ministers are appointed by the president. In Ecuador the Ministers are not appointed by popular elections, but they handle public resources so they must file an asset disclosure form.

References: National Constitution: Articles 122 and 176

Peer Review Comments: The declarations are maintained in secrecy by the Comptroller's Office.

26c: In law, there are regulations governing gifts and hospitality offered to members of the executive branch.

Score:

YES

Comments: Article 121 of the National Constitution establishes: The norms to establish the administrative, civil and penal responsibility for the handling and administration of funds, goods or public resources, will be applied to the dignitaries, officials and public servants of the Organisms and Institutions of the State).

The members of the executive branch cannot accept gifts of any nature, because it is concession of crime.

The articles 285 and 264 from Penal Code, specifically prohibit to ask or to receive (bribe) money, favors, keepsakes or gifts.

References: Article 121 National Constitution

Article 285, 264 Código Penal

Peer Review Comments: The general regulations are ignored, and no code of conduct is observed.

26d: In law, there are requirements for the independent auditing of the executive branch asset disclosure forms (defined here as ministers and heads of state and government).

Score:

YES

Comments: The article 122 of the National Constitution says when there are serious indications of use of a front man, the Controller's Office will be able to request similar declarations of third persons linked with public officials.

References: Article 122 of the National Constitution of Ecuador

Article 31 Nro.1 La Ley Orgánica de la Contraloría General del Estado

Peer Review Comments: The law does not use the term "independent auditing," nor is this kind of auditing done by the Comptroller's Office.

26e: In law, there are restrictions on heads of state and government and ministers entering the private sector after leaving the government.

Score:

YES

Comments: It is a civil right and therefore once finished his period public officials can take any private position freely. However, the law prohibits performing two public functions at the same time, except for the case of university teaching.

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

26f: In practice, the regulations restricting post-government private sector employment for heads of state and government and ministers are effective.

Score:

100

Comments: The law has no restrictions, some of heads at the ministerial level have entered the private sector.

References: Interview with Dr. Wilson Perez (expert in Institutional themes, FLACSO). Media Outlet

26g: In practice, the regulations governing gifts and hospitality offered to members of the executive branch are effective.

Score:

100

Comments: When President Rafael Correa assumed his position in January 2007, he received a gift from President Hugo Chávez (the sword of the Liberator Bolivar). This one was the opportunity to make a public call to all civil servants of this one branch not to accept any type of gifts. Correa accepted this gift, but like a gift from Venezuela to Ecuador. Correa has indicated often that this government is a government of "clean hands."

References: Speeches and interviews regarding the possessions of President Rafael Correa.

News in several media.

www.elmercurio.com.ec Hacia la revolución ciudadana 2007/01/16

Peer Review Comments: The few existing regulations are generalities and completely ineffective..

26h: In practice, executive branch asset disclosures (defined here as ministers and above) are audited.

Score:

100

Comments: The Civic Corruption Control Commission (CCCC--Control of Corruption Comisión Control Cívico de la Corrupción) and the State Comptroller(CGE--Contraloría General del Estado CGE) are the agencies that make audits. These agencies need a previous accusation, before starting an investigation.

References: There were not reported cases in which Comisión Control Cívico de la Corrupción (CCCC) and Contraloría General del Estado (CGE) have initiated audits at ministerial levels.

Outlet media

Peer Review Comments: The CCCC does not perform audits. The Comptroller is supposed to review the asset disclosures. This probably is not done.

Can citizens access the asset disclosure records of the heads of state and government?

27a: In law, citizens can access the asset disclosure records of the heads of state and government.

Score:

YES

Comments: The State guarantees the right to access sources of information, except on national defense documents.

References: National Constitution, Article 81 and Article 4.

Article 4 Reglamento a la Ley de Transparencia y Acceso a la Información Pública

Peer Review Comments: The Comptroller's Office maintains the disclosure forms in complete secrecy.

27b: In practice, citizens can access the asset disclosure records of the heads of state and government within a reasonable time period.

Score:

100

Comments: The asset disclosure records of the head of estate and government are not publicly available, and to get them is sometimes very difficult. The deputies in the National Congress must disclosure their assets before taking positions. But, again these records are not publicly available.

References: [ LINK ] 2007/06/24 La patria de todos

27c: In practice, citizens can access the asset disclosure records of the heads of state and government 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: There are procedures to be followed in order to obtain disclosed assets records. However, these procedures are not impossible to overcome. A better information source could be the Information Access Coalition (Coalición de Acceso a la Información).

Peer Review Comments: The Comptroller's Office maintians the disclosure forms in complete secrecy.

In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

28: In practice, official government functions are kept separate and distinct from the functions of the ruling political party.

Score:

100

Comments: The ruling political party of President Rafael Correa is Alianza País and one of the principal objectives is to establish a Constituent Assembly. The National Congress has denounced the use of public funds through its political party to promote the Assembly.

References: [ LINK ] 2007/02/28 Congreso pide investigar a Gobierno por promocionar a Alianza País con fondos públicos.

Peer Review Comments: This has never been done in Ecuador.