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2007 Assessment

Peru: Integrity Indicators Scorecard

Peru: Integrity Scorecard Report > Sub-Category: Civil Society Organizations
Indicators		Score
1	Are anti-corruption/good governance CSOs legally protected?	67
2	Are good governance/anti-corruption CSOs able to operate freely?	75
3	Are civil society activists safe when working on corruption issues?	33
4	Can citizens organize into trade unions?	100

Indicator and sub-Indicator Details

Are anti-corruption/good governance CSOs legally protected?

1a: In law, citizens have a right to form civil society organizations (CSOs) focused on anti-corruption or good governance.

Score:

YES

Comments:

References: The Peruvian Political Constitution (1993), in it's 2nd article, establishes that all people have the right to associate, constitute foundations and several forms of organizations without profits, without previous authorization.

1b: In law, anti-corruption/good governance CSOs are free to accept funding from any foreign or domestic sources.

Score:

YES

Comments:

References: The supreme decree that approves the International Technical Cooperation National Policy specifies that the term 'International Technical Cooperation' is not limited to technical interchange or the oficial aid but includes every non-refundable component of international support.

Peer Review Comments: It should be useful to search for information about the International Development Cooperation Law (Ley de Cooperacion Internacional) that was modified last year and included the need for non-governmental organizations to register in the Peruvian Agency for International Development Aid, and to improve transparency in their accounts. There were some regulations concerning funds as well.

1c: In law, anti-corruption/good governance CSOs are required to disclose their sources of funding.

Score:

YES

Comments:

References: There is no legal obligation.

Peer Review Comments: Same comment as previous: It should be useful to search for information about the International Development Cooperation Law (Ley de Cooperacion Internacional) that was modified last year and included the need for non-governmental organizations to register in the Peruvian Agency for International Development Aid, and to improve transparency in their accounts. There were some regulations concerning funds as well.

Are good governance/anti-corruption CSOs able to operate freely?

2a: In practice, the government does not create barriers to the organization of new anti-corruption/good governance CSOs.

Score:

100

Comments:

References: National media oftenly inform on CSOs

Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

2b: In practice, anti-corruption/good governance CSOs actively engage in the political and policymaking process.

Score:

100

Comments:

References: Documents on transparency are developed by several CSOs: www.ciudadanosaldia.org; www.cies.org.pe; www.observa.org.pe.

The results of this civil society research are often published in the national and local media.

Peer Review Comments: It is true that civil service organizations (I would include [ LINK ] as a good source of studies) are published in media. But I would consider that as an external influence on policymaking; I would not say that in practice, they are engaged in the political and policymaking process. In fact, one of the problems is that sometimes, government and CSOs are separated.

Peer Review Comments: Instituto de Defensa Legal (IDL) is also actively engaged in the promotion and analysis of good governance and transparency issues: [ LINK ] .

2c: In practice, no anti-corruption/good governance CSOs have been shut down by the government for their work on corruption-related issues during the study period.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned is there were no CSOs shut down by the government or forced to cease operations because of their work on corruption-related issues during the study period. NO: A NO score is earned if any CSO has been effectively shut down by the government or forced to cease operations because of its work on corruption-related issues during the study period. The causal relationship between the cessation of operations and the CSO\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the CSO was forced to cease operations due to its work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: In one case, the government strongly criticized a research CSO (Instituto de Defensa Legal) that tried to diminish its work.

References: Alicia Quezada, chief of communicatios, CAD Ciudadanos al Dia

Are civil society activists safe when working on corruption issues?

3a: In practice, in the past year, no civil society activists working on corruption issues have been imprisoned.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no CSO activists imprisoned because of their work covering corruption. YES is a positive score. NO: A NO score is earned if any activist was jailed in relation to work covering corruption. The causal relationship between the official charges and the person\'s work may not be explicit, however the burden of proof here is low. If it seems likely that the person was imprisoned due to his or her work, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

References: Karina Sara, media and communications assistant, CAD Ciudadanos al Dia; Alicia Quezada, chief of communications, CAD Ciudadanos al Dia

3b: In practice, in the past year, no civil society activists working on corruption issues have been physically harmed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists covering corruption being assaulted in the specific study period. A YES score can be earned if there was an attack but it was clearly unrelated to the activist\'s work. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period of assault to an activist who covers corruption. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: Several notes on journalists being abused by public servants have been published this year in the national and local media.

References: Karina Sara, media and communications assistant, CAD Ciudadanos al Dia; Alicia Quezada, chief of communications, CAD Ciudadanos al Dia

Peer Review Comments: It would be better to be more specific. The Institute for Press and Society (IPYS-Instituto Prensa y Sociedad) in Peru has a complete record of all abuses that could have been committed.

Peer Review Comments: Members of human rights organizations and environmental groups have reported various types of intimidation against their members, including invasive surveillance, intimidating messages and death threats via email or cellular phone, break-ins into homes and offices, etc. For example, one woman who denounced the torture and death of her brother by police in the Lima district of Comas was threatened to such an extent that she fled the country in fear of her life. Source: National Coordinator for Human Rights

3c: In practice, in the past year, no civil society activists working on corruption issues have been killed.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of CSO activists being killed because of their work covering corruption in the specific study period. YES is a positive score. NO: A NO score is earned if there were any documented cases during the study period where a person was killed related to a corruption trial, scandal or investigation. The relationship between a mysterious death and an individual\'s history may not be clear, however the burden of proof here is low. If it is reasonable that a person was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments: A journalist from Jaen, Cajamarca, was killed in march 2007. He was supposed to unveil names of corrupt policemen on a monday and was killed the saturday before.

References: Karina Sara, media and communications assistant, CAD Ciudadanos al Dia Alicia Quezada, chief of communications, CAD Ciudadanos al Dia

Can citizens organize into trade unions?

4a: In law, citizens have a right to organize into trade unions.

Score:

YES

Comments:

References: Article 28 of the Peruvian Political Constitution (1993) recognizes the rights to sindication, collective negotiation and strike.

4b: In practice, citizens are able to organize into trade unions.

Score:

100

Comments:

References: Juan Carlos Cortes, president of CAD Ciudadanos al Dia

Peer Review Comments: In rural areas, where a large amount of the population still lives, organizing workers remains a difficult task.

Peer Review Comments: Employers often engage in abusive practices that inhibit trade union organization, including withholding pay, threatening to fire employees etc.