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2007 Assessment

Mozambique: Integrity Indicators Scorecard

Mozambique: 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?	36
73	Can citizens access the anti-corruption agency?	25

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: Article 19 (1) of the law 6/2004 dated June 17.

Is the anti-corruption agency effective?

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

Score:

YES

Comments:

References: Article 19 (1) of the law 6/2004 dated June 17.

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

Score:

100

Comments: Politically important people (e.g.former ministers) who simply refuse to show up before the anti-corruption agency when they are notified to testify are not prosecuted.

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Jose Munguambe and Marcelo Mosse (2007) "Urgente Reforcar os Poderes do Gabinete Central de Combate a Corrupcao" see: [ LINK ]

Peer Review Comments: I agree. It is difficult to imagine an anti-corruption agency that is independent of political interference. Appointments to the anti-corruption agency are often influenced by government officials.

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

Score:

100

Comments: The Predecessor of the current head of the anti-corruption agency, Isabel Rupia, was removed in 2005 without justification.

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

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

Score:

100

Comments: Appointments are made by the general attorney based on his criteria.

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Peer Review Comments: I need to add that the attorney general himself has been appointed by the government and therefore is influenced by government officials. His criteria are in fact the criteria of the political leadership.

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

Score:

100

Comments:

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005 and 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: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005-2007

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

Score:

100

Comments:

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005 to 2007

See also: [ LINK ]

Peer Review Comments: I think the judgement is a bit too harsh. In the Attorney General's annual report there's some reporting on the GCCC activities.

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

Score:

100

Comments:

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005/2007

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

Score:

100

Comments: It initiates the investigation but never finishes it and no prosecution comes of it.

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005-2007

Peer Review Comments: The anti-corruption agency has little independence. Often, back door bargaining takes place before investigations are undertaken, to make sure the agency does not threaten the interests of government officials.

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: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005-2007

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

Score:

100

Comments:

References: Jose Munguambe, lawyer and researcher at the Center for Public Integrity of Mozambique (CIP--Centro de Integridade Publica de Mocambique), held on Aug. 17, 2007.

Reading weekly papers (Savana and Zambeze) covering the period between 2005-2007