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2007 Assessment

Peru: Integrity Indicators Scorecard

Peru: Integrity Scorecard Report > Sub-Category: Civil Service Regulations
Indicators		Score
41	Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?	100
42	Is the law governing the administration and civil service effective?	58
43	Are there regulations addressing conflicts of interest for civil servants?	50
44	Can citizens access the asset disclosure records of senior civil servants?	67

Indicator and sub-Indicator Details

Are there national regulations for the civil service encompassing, at least, the managerial and professional staff?

41a: In law, there are regulations requiring an impartial, independent and fairly managed civil service.

Score:

YES

Comments:

References: Law 27815 On The Ethical Code for Public Servants (Ley del Código de Ética de la Función Pública)

41b: In law, there are regulations to prevent nepotism, cronyism, and patronage within the civil service.

Score:

YES

Comments:

References: Law 26771 (1997), which prohibits the hiring of public servants in the case of kinship. (Ley que establece la prohibición de ejercer la facultad de nombramiento y contratación de personal en el sector público, en caso de parentezco)

41c: In law, there is an independent redress mechanism for the civil service.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there is a mechanism to which civil servants and applicants for the civil service can take grievances regarding civil service management actions. Civil servants are able to appeal the mechanism\'s decisions to the judiciary. NO: A NO score is earned if no such mechanism exists.$

Comments:

References: Legislative Decree N° 276, which regulates the administrative career and the public sector remunerations (Ley de Bases de la Carrera Administrativa y Remuneraciones del Sector Público)

41d: In law, civil servants convicted of corruption are prohibited from future government employment.

Score:

YES

Comments:

Is the law governing the administration and civil service effective?

42a: In practice, civil servants are protected from political interference.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Peer Review Comments: This is one of the worst problems of the civil service. Civil servants are not protected from political interference. It would be usefeul to ask the anti-corruption commission in the Ministry of Justice, the Controller Agency and the Office of the Ombudsman.

42b: In practice, civil servants are appointed and evaluated according to professional criteria.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Peer Review Comments: Also, the professional level of some civil servants is really low because there is not even a Ley de la Funcion Publica. There is a lot of room for letting unprepared people enter the public function.

42c: In practice, civil service management actions (e.g. hiring, firing, promotions) are not based on nepotism, cronyism, or patronage.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

42d: In practice, civil servants have clear job descriptions.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servants almost always have formal job descriptions establishing levels of seniority, assigned functions, and compensation. Job descriptions are a reliable means to map positions to both human capital requirements (including the position\'s authority and responsibilities) and base pay. 50 Score Criteria: Civil servants often have formal job descriptions, but exceptions exist. Some civil servants may not be part of the formal assignment of duties and compensations. Some job descriptions may not map clearly to pay or responsibilities in some cases. 0 Score Criteria: Civil servants do not have formal roles or job descriptions. If they do, such job descriptions have little or nothing to do with the position\'s responsibilities, authority, or pay.$

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

42e: In practice, civil servant bonuses constitute only a small faction of total pay.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Civil servant bonuses constitute no more than 10% of total pay and do not represent a major element of take-home pay. 50 Score Criteria: Civil servant bonuses are generally a small percentage of total take-home pay for most civil servants though exceptions exist where some civil servants\' bonuses represent a significant part of total pay. 0 Score Criteria: Most civil servants receive bonuses that represent a significant amount of total take-home pay. In some cases bonuses represent the majority of total pay to civil servants.$

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

42f: In practice, the government publishes the number of authorized civil service positions along with the number of positions actually filled.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

42g: In practice, the independent redress mechanism for the civil service is effective.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

42h: In practice, in the past year, the government has paid civil servants on time.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Peer Review Comments: One of the problems in public function is that the majority of people working in the public sector are under contract, but they are actually treated as public servants. So, if something wrong happens with holidays or late payments, nobody would know.

42i: In practice, civil servants convicted of corruption are prohibited from future government employment.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Are there regulations addressing conflicts of interest for civil servants?

43a: In law, there are requirements for civil servants to recuse themselves from policy decisions where their personal interests may be affected.

Score:

YES

Comments:

43b: In law, there are restrictions for civil servants entering the private sector after leaving the government.

Score:

YES

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

Comments:

References: Law N° 27444, Art. 241, on general administrative procedures (Ley del Procedimiento Administrativo General)

43c: In law, there are regulations governing gifts and hospitality offered to civil servants.

Score:

YES

Comments: It only regulates such actions once a crime has been committed.

References: Peruvian Penal Code, Supreme Decree N° 635 (1991)

Peer Review Comments: This is only if they give a favor in exchange and a felony is actually committed.

43d: In practice, the regulations restricting post-government private sector employment for civil servants are effective.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

43e: In practice, the regulations governing gifts and hospitality offered to civil servants are effective.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Peer Review Comments: My impression is that these regulations are ignored more often than not.

43f: In practice, the requirements for civil service recusal from policy decisions affecting personal interests are effective.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

Can citizens access the asset disclosure records of senior civil servants?

44a: In law, citizens can access the asset disclosure records of senior civil servants.

Score:

YES

Comments:

References: Peruvian Political Constitution (1993), Art. 40

44b: In practice, citizens can access the asset disclosure records of senior civil servants within a reasonable time period.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia

44c: In practice, citizens can access the asset disclosure records of senior civil servants at a reasonable cost.

Score:

100

Comments:

References: Caroline Gibu, chief of projects, CAD Ciudadanos al Dia