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2007 Assessment

Timor-Leste: Integrity Indicators Scorecard

Timor-Leste: 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?	75
42	Is the law governing the administration and civil service effective?	31
43	Are there regulations addressing conflicts of interest for civil servants?	46
44	Can citizens access the asset disclosure records of senior civil servants?	0

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: Bylaws for civil servants, law no. 8/2004, dated 16 June 2004, article 6

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

Score:

YES

Comments:

References: Bylaws for civil servants, law no. 8/2004, dated 16 June 2004, article 11

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: Bylaws for civil servants, law no. 8/2004, dated 16 June 2004, articles 97 & 101

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

Score:

YES

Comments:

References: No article in the their bylaws law no. 8/2004, dated 16 June 2004

Is the law governing the administration and civil service effective?

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

Score:

100

Comments: Virtually every civil servant is affiliated with one political party or another.

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

Peer Review Comments: Being affliilated with a poltical party does not mean that they always act with narrow political interest

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

Score:

100

Comments: Most civil servants are appointed according to political affiliation. Some positions have been filled through advertisement and interview processes; however, family relationships very often affect decisions. Protests against such practices helped contribute to the popular discontentment that fed into last year's political crisis.

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

Peer Review Comments: While I mostly agree with the comments provided, I do think that there are cases where professional qualifications are considered in hiring decisions. As there is a small professional elite, qualified individuals are also likely to be related to or within the party of superiors.

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

Score:

100

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

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

Peer Review Comments: In this case, I believe there are more civil servants without job descriptions.

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: No evidence was seen by the public. It is also not mentioned in the bylaw. Article 64 is not clear about this. No specification is pointed out.

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

Peer Review Comments: If bonuses are paid, it is not part of the formal system

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

Score:

100

Comments: Publication is specified and is based on government officials' assessment of whether a position is open for application. Many cases prove that ads were made for formality only. The person for the post had been identified within the institution, or was related by family related, for example.

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

The newspapers STL - Voice of Timor Leste, TP - Timor Post, and Diario and TVTL and RTL (government-owned TV and radio stations) publish such information, at least partially.

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

Score:

100

Comments: The inspector general and/or the ombudsman office can call for an investigation, but authorization by the prime minister is need before proceeding legally.

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

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

Score:

100

Comments:

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

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

Score:

100

Comments: No article talks about this issue.

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

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:

References: Bylaw of civil servants, law no. 8/2004, 16 June 2004, article 103

Peer Review Comments: Within the general category of conflicts of interest, Timor-Leste's Procurement Decree Law clearly defines two specific situations of conflict of interest for civil servants: the first involvs family members to the second degree who have commercial interests with bidders; the second refers to civil servants who have had commercial interests with bidders during the previous three years.

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

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

Score:

YES

Comments:

References: Law no.8/2004, 16 June 2004, article 64

Peer Review Comments: Article 42, rather than 64

See [ LINK ]

See also Code of Ethics, Annex to Civil Service Law 12. Refuse any favor, offer, remuneration or any other gift being given in return for the execution or omission of an official act.

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

Score:

100

Comments:

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

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

Score:

100

Comments:

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

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

Score:

100

Comments:

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

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: There is no asset disclose in this country.

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

Peer Review Comments: The Civil Service Code of Ethics mandates that civil servants must "disclose to the public administration any direct or indirect benefit he or she may derive from any profitable activity, business or company under his or her responsibility or obligations."

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

Score:

100

Comments:

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

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

Score:

100

Comments:

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