Ministry of Justice
Vice Ministry of Transparency and the Fight against Corruption
The Technical Secretariat of MESICIC asked Bolivia to analyze the preliminary draft report on the implementation in Grenada of the provisions of the Inter-American Convention against Corruption selected for review in the second round and on follow-up to the recommendations made to that country in the first round.We are happy to say in reply that all the observations and recommendations are sound and that Bolivia agrees with them all. Nevertheless, Bolivia would like to make the following suggestions to be included in that report:
Chapter III Conclusions and Recommendations. Under point 1. Systems for government hiring and procurement of goods and services. Point 1.1.a. needs to be completed.
In addition to the legal instrument that explicitly provides that government hiring of civil servants be based on the principle of merit, mention should also be made of the need for a preventive provision against nepotism, because, given the fact that the hiring of government officials is in the hands of just a handful of people, such situations need to be taken into account. Bolivia therefore suggests including an additional paragraph that would read as follows:
a) Second paragraph:Adopt, through the appropriate legislative or administrative procedures, a legal instrument designed to prevent and punish nepotism in public service.
According to the Constitution of Grenada and that country’s statements in the report, Chapter II, point 1.1 Systems for Government Hiring explains that “the power to appoint persons to hold or act to such offices, including the power to confirm appointments, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Governor-General…”
Here there are numerous responsibilities that should be distributed among several people in order to ensure better oversight and safeguard impartiality.It would be best, therefore, to assign those responsibilities to different people, rather than have one person in charge of both making and confirming appointments, exercising control, and removing persons from office because, even if that person performs those functions through procedures in which other authorities intervene, the ultimate responsibility lies with one and the same person, which could impair objectivity.
Bolivia therefore suggests including in subparagraph d) of that same point a new paragraph to read as follows:
d) Second paragraph:Change the legislation in such a way that different people are responsible for 1) appointing persons to hold or act in those offices; 2) confirming the appointments; 3) exercising disciplinary control over the persons holding or acting in said offices; and 4) removing said persons from those offices if irregularities are detected.
Finally, under that same point, Bolivia suggests including a subparagraph h) mentioning training courses for civil servants as soon as they begin carrying out their functions:
h) Conduct training programs and courses for civil servants as soon as they take up their position in order to ensure that they are aware of probity requirements and of the functions they will be expected to perform in that position.
As for point 1.2:Government systems for the procurement of goods and services, Bolivia suggests adding to subparagraph f) so that it reads as follows:
f) Second paragraph:Develop and implement a system for penalizing contractors and civil servants who fail to comply with these provisions and measures.
This suggestion is made because, in addition to implementing the necessary provisions to avoid awarding contracts to bidders that have ties to the procuring entity, there have to be systems to ensure that those who fail to abide by the established parameters are punished.
It is also deemed advisable to include in subparagraph g) of this same section a reference to greater citizen participation through specific legislation, given that this is both a right and a duty, so that effective oversight of procurement of goods and services can be exercised.
Here the Report could read as follows:
g) Second paragraph: Foster participation by organized groups of citizens or encourage the formation of such groups to carry out oversight functions, supervising and monitoring both the phase before a contract is awarded and its execution.
Finally, along the same lines, Bolivia recommends instituting public accountability of government institutions, as part of citizen participation, whenever public works or the procurement of goods or services exceeds a certain amount.
A new subparagraph should be added, to read as follows:
h) Take steps to ensure that public entities, through social control procedures, are periodically and publicly obliged to render accounts with respect to contracts so that it can be determined whether budget execution requirements were effectively and transparently met.
Regarding point 2: Systems to protect public servants and private citizens who in good faith report acts of corruption.
In addition to what the Secretariat may recommend in this matter pursuant to recommendation a) on mechanisms for private citizens, it is also necessary to establish a system for reporting threats or reprisals for private individuals who report acts of corruption, because many of them denounce such acts in order to assert their rights and combat corruption and then find themselves adversely treated by civil servants who threaten them and take reprisals, delaying or hampering procedures.
After subparagraph d), include a new subparagraph to read as follows (before what would them become subparagraphs f) and g)):
e) Mechanisms to report threats or reprisals against individuals denouncing corruption, indicating the competent authorities for processing the necessary requests for protection.
Regarding point 3: ACTS OF CORRUPTION
It is important to have monitoring and measuring mechanisms to keep tabs on acts of corruption, in addition to the Committee’s suggestions, the following could be included:
d) Develop procedures and indicators for periodically analyzing the results of the work performed.
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