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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: 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?	64
73	Can citizens access the anti-corruption agency?	50

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: Ombudsman office for anti-corruption as well as human right and justice Constitution of RDTL, article 27

Peer Review Comments: It is the Office of the Inspector-General (OIG), operating since 2000, but the organic law for the OIG has not yet been passed.

Is the anti-corruption agency effective?

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

Score:

YES

Comments:

References: Ombudsman office for anti-corruption as well as human right and justice Constitution of RDTL, article 27

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Unofficial pressure is prevalent, and these officials are not immune.

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

Score:

100

Comments:

References: Interview with Dr. Francisco Guterres, head of TIDS, at his office, on 2 August 2007

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007 Interview with interim OIG officer Francisco Carvalho 23 January 2008 at his office

Peer Review Comments: The Office of the Inspector General (OIG) awaits passage of the relevant organic law, while the Office of the Provedor is undergoing UNMIT/UNDP capacity-building, which is slow and cumbersome, and predicated on the U.N. needs and mandates rather than on those of Timor-Leste.

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: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: The Office of the Provedor needs a more independent financing source in order to fulfill its mandate. See World Bank Economic and Social Development Report, August 2007.

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

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

Score:

100

Comments: The major hurdles in this area relate to the fact that the prime minister must approve further actions to advance a case to prosecution/formal legal action. In addition, the National Parliament must lift immunity if the case involves a public official.

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: when cases are brought to attention of PM and this is made public

Peer Review Comments: The Office of the Inspector General (OIG) and the Office of the Provedor have both taken on numerous cases in the years since their establishment. While operations are constrained by factors outlined elsewhere, it is not accurate to score them as completely ineffective.

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Political consent is required, as outlined in previous sections, and the lack of independent financing and insufficient core staff are all hindrances.

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: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: This works quite well, given the low-income status of Timor-Leste and various other constraints.

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

Score:

100

Comments:

References: Interview with Dr. Amandio Benevides, deputy of the ombudsman office, in his office, on 17 July 2007

Peer Review Comments: Citizens cannot act freely in this regard, given the tensions emanating from the 2006 crisis, the small and familiar nature of Timorese society, and the politicization of institutions.