Integrity Indicators 2007

8/8/2019 Integrity Indicators 2007

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Global Integrity: 2007 Integrity Indicators# Indicator Coding YES

I

I-1 Civil Society Organizations1

1a

1b

1c

2

2a

2b

Civil Society, Public Informationand Media

Are anti-corruption/good governance CSOslegally protected?

In law, citizens have a right to form civilsociety organizations (CSOs) focused onanti-corruption or good governance.

A YES score is earned when freedom toassemble into groups promoting goodgovernance or anti-corruption is protectedby law, regardless of political ideology,religion or objectives. Groups with a historyof violence or terrorism (within last tenyears) may be banned. Groupssympathetic to or related to banned groupsmust be allowed if they have no history ofviolence.

In law, anti-corruption/good governanceCSOs are free to accept funding from anyforeign or domestic sources.

A YES score is earned if anti-corruption/good governance CSOs face nolegal or regulatory restrictions to raise oraccept funds from any foreign or domesticsources. A YES score may still be earnedif funds from groups with a history ofviolence or terrorism (within last ten years)are banned.

In law, anti-corruption/good governanceCSOs are required to disclose their sourcesof funding.

A YES score is earned if anti-corruption/good governance CSOs arerequired to publicly disclose their sources

of funding.

Are good governance/anti-corruption CSOsable to operate freely?

In practice, the government does not createbarriers to the organization of new anti-corruption/good governance CSOs.

In practice, anti-corruption/good governanceCSOs actively engage in the political andpolicymaking process.


2/267

2c

3

3a

3b

3c

4 Can citizens organize into trade unions?

In practice, no anti-corruption/goodgovernance CSOs have been shut down bythe government for their work on corruption-related issues during the study period.

A YES score is earned is there were noCSOs shut down by the government orforced to cease operations because oftheir work on corruption-related issuesduring the study period.

Are civil society activists safe when workingon corruption issues?

In practice, in the past year, no civil societyactivists working on corruption issues havebeen imprisoned.

A YES score is earned if there were noCSO activists imprisoned because of theirwork covering corruption. YES is apositive score.

In practice, in the past year, no civil societyactivists working on corruption issues havebeen physically harmed.

A YES score is earned if there were nodocumented cases of CSO activistscovering corruption being assaulted in thespecific study period. A YES score can beearned if there was an attack but it wasclearly unrelated to the activist's work.YES is a positive score.

In practice, in the past year, no civil societyactivists working on corruption issues havebeen killed.

A YES score is earned if there were nodocumented cases of CSO activists beingkilled because of their work coveringcorruption in the specific study period.

YES is a positive score.


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4a

4b

I-2 Media

5 Are media and free speech protected?5a In law, freedom of the media is guaranteed.

5b In law, freedom of speech is guaranteed.

6

6a

6b

6c

In law, citizens have a right to organize intotrade unions.

A YES score is earned when trade unionsare allowed by law, regardless of politicalideology, religion or objectives. Groupswith a history of violence or terrorism(within last ten years) may be banned.Groups sympathetic to or related to

banned groups must be allowed if theyhave no history of violence.

In practice, citizens are able to organize intotrade unions.

A YES score is earned if freedom of thepress is guaranteed in law, including to allpolitical parties, religions, and ideologies.

A YES score is earned if freedom of

individual speech is guaranteed in law,including to all political parties, religions,and ideologies.

Are citizens able to form print mediaentities?

In practice, the government does not createbarriers to form a print media entity.

In law, where a print media license isnecessary, there is an appeal mechanism ifa license is denied or revoked.

A YES score is earned if there is, in law orin accompanying regulations, a formalprocess to appeal a denied print medialicense, including through the courts. AYES score is also earned if no print licenseis necessary.

In practice, where necessary, citizens canobtain a print media license within areasonable time period.


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6d

7

7a

7b

7c

7d

8 Can citizens freely use the Internet?

8a

8b

9 Are the media able to report on corruption?

In practice, where necessary, citizens canobtain a print media license at a reasonablecost.

Are citizens able to form broadcast (radioand TV) media entities?

In practice, the government does not createbarriers to form a broadcast (radio and TV)media entity.

In law, where a broadcast (radio and TV)media license is necessary, there is anappeal mechanism if a license is denied or

revoked.

A YES score is earned if there is, in law orin accompanying regulations, a formalprocess to appeal a denied broadcast

media license, including through thecourts. A YES score is also earned if nobroadcast license is necessary.

In practice, where necessary, citizens canobtain a broadcast (radio and TV) medialicense within a reasonable time period.

In practice, where necessary, citizens canobtain a broadcast (radio and TV) medialicense at a reasonable cost.

In practice, the government does notprevent citizens from accessing contentpublished online.

In practice, the government does not censorcitizens creating content online.


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9a

9b

9c

10

10a

10b

10c

In law, it is legal to report accurate newseven if it damages the reputation of a publicfigure.

A YES score is earned if it is legal to reportaccurate information on public figuresregardless of damage to their reputations.Public figures are defined broadly,including anyone in a position ofresponsibility in the government or civil

service; any political leader; leaders of civilsociety groups including religious groups,trade unions, or NGOs; leaders or officersof large businesses. A YES score can stillbe earned if a reckless disregard for thetruth (i.e. slander) is prohibited.

In practice, the government or mediaowners/distribution groups do notencourage self-censorship of corruption-related stories.

In practice, there is no prior governmentrestraint (pre-publication censoring) onpublishing corruption-related stories.

Are the media credible sources ofinformation?

In law, print media companies are requiredto disclose their ownership.

A YES score is earned if print mediacompanies are required by law to discloseall owners of the company.

In law, broadcast (radio and TV) mediacompanies are required to disclose theirownership.

A YES score is earned if broadcast mediacompanies are required by law to discloseall owners of the company.

In practice, journalists and editors adhere tostrict, professional practices in theirreporting.


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10d

10e

11

11a

11b

In practice, during the most recent election,political parties or independent candidatesreceived fair media coverage.

In practice, political parties and candidateshave equitable access to state-ownedmedia outlets.

Are journalists safe when investigatingcorruption?

In practice, in the past year, no journalistsinvestigating corruption have beenimprisoned.

A YES score is earned if there were nojournalists imprisoned related to workcovering corruption during the studyperiod. A YES score is positive.

In practice, in the past year, no journalistsinvestigating corruption have beenphysically harmed.

A YES score is earned if there were nodocumented cases of journalists beingassaulted during the specific study periodfor their work covering corruption issues.A YES score is positive.


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11c

I-3 Public Access to Information

12

12a

12b

12c

13

13a

13b

In practice, in the past year, no journalistsinvestigating corruption have been killed.

A YES score is earned if there were nodocumented cases of journalists beingkilled because of their work coveringcorruption-related issues during the studyperiod. A YES score is positive.

Do citizens have a legal right of access toinformation?

In law, citizens have a right of access togovernment information and basicgovernment records.

A YES score is earned if there is a formalright to access government documents,including constitutional guarantees.Exceptions can be made for nationalsecurity reasons or individual privacy, butthey should be limited in scope. All othergovernment documents should beavailable upon a public request.

In law, citizens have a right of appeal ifaccess to a basic government record isdenied.

A YES score is earned if there is a formalprocess of appeal for rejected informationrequests. A YES score can still be earnedif the appeals process involves redressthrough the courts rather thanadministrative appeal.

In law, there is an established institutionalmechanism through which citizens canrequest government records.

A YES score is earned if there is a formalgovernment mechanism/institution throughwhich citizens can access governmentrecords available under freedom ofinformation laws. This mechanism couldbe a government office (or offices withinagencies or ministries) or an electronicrequest system.

Is the right of access to information

effective?In practice, citizens receive responses toaccess to information requests within areasonable time period.

In practice, citizens can use the access toinformation mechanism at a reasonablecost.


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13c

13d

13e

II ElectionsII-1 Voting & Citizen Participation

14

14a

14b

15 Can all citizens exercise their right to vote?

15a In practice, all adult citizens can vote.

15b

15c

16

In practice, citizens can resolve appeals toaccess to information requests within areasonable time period.

In practice, citizens can resolve appeals to

information requests at a reasonable cost.

In practice, the government gives reasonsfor denying an information request.

Is there a legal framework guaranteeing theright to vote?

In law, universal and equal adult suffrage isguaranteed to all citizens. A YES score is earned if the right to vote isguaranteed to all citizens of the country(basic age limitations are allowed). A YESscore can still be earned if votingprocedures are, in practice, inconvenientor unfair.

In law, there is a legal framework requiringthat elections be held at regular intervals.

A YES score is earned if there is astatutory or other framework enshrined inlaw that mandates elections at reasonableintervals.

In practice, ballots are secret or equivalentlyprotected.

In practice, elections are held according to a

regular schedule.

Are citizens able to participate equally in thepolitical process?


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16a

16b

16c

16d

16e

II-2 Election Integrity

17

18 Is the election monitoring agency effective?

In law, all citizens have a right to formpolitical parties.

A YES score is earned if citizens have theright to form political parties withoutinterference from government. A YESscore may still be earned if groups orindividuals with a history of violence orterrorism (within last ten years) are banned

from forming political parties. Non-discriminatory minimal criteria (e.g.minimum age) are also allowed.

In law, all citizens have a right to run forpolitical office.

A YES score is earned if all citizens(citizen is defined broadly, to include allethnicities, or anyone born in the country)have the right under law to run for politicaloffice. A YES score may still be earned ifIndividuals with a history of violence,terrorism, or criminality are banned fromrunning for office.

In practice, all citizens are able to formpolitical parties.

In practice, all citizens can run for politicaloffice.

In practice, an opposition party isrepresented in the legislature.

In law, is there an election monitoringagency or set of election monitoring

agencies/entities?

A YES score is earned if there is adomestic agency or set of domestic

agencies/entities formally assigned toensure the integrity of the electionprocess.


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18a

18b

18c

18d

18e

19

19a

19b

In law, the agency or set ofagencies/entities is protected from politicalinterference.

A YES score is earned only if the agencyor set of agencies/entities has some formalorganizational independence from thebodies contesting in the election. A YESscore is still earned even if the entity islegally separate but in practice staffed by

partisans.

In practice, agency (or set ofagencies/entities) appointments are madethat support the independence of theagency.

In practice, the agency or set ofagencies/entities has a professional, full-time staff.

In practice, the agency or set ofagencies/entities makes timely, publiclyavailable reports following an election cycle.

In practice, when necessary, the agency orset of agencies/entities imposes penaltieson offenders.

Are elections systems transparent andeffective?

In practice, there is a clear and transparentsystem of voter registration.

In law, election results can be contestedthrough the judicial system.

A YES score is earned if citizens orpolitical parties can challenge allegedlyfraudulent election results through thecourts or other judicial mechanisms.


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19c

19d

19e

19f

II-3 Political Financing

20

20a

20b

20c

20d

In practice, election results can beeffectively appealed through the judicialsystem.

In practice, the military and security forcesremain neutral during elections.

In law, domestic and international electionobservers are allowed to monitor elections.

A YES score is earned if domestic andinternational election observers areallowed to monitor the electoral process.

In practice, election observers are able toeffectively monitor elections.

Are there regulations governing political

financing?In law, there are regulations governingprivate contributions to political parties.

A YES score is earned if there are anyformal rules (by law or regulation)controlling private contributions to politicalparties.

In law, there are limits on individualdonations to candidates and politicalparties.

A YES score is earned if there are anylimits, regardless of size, on individualcontributions to political candidates andpolitical parties. A YES score is earned ifindividual contributions are prohibited.

In law, there are limits on corporate

donations to candidates and politicalparties.

A YES score is earned if there are any

limits, regardless of size, on corporatecontributions to political candidates andpolitical parties. A YES score is earned ifcontributions are prohibited.

In law, there are limits on total political partyexpenditures.

A YES score is earned if there are anylimits, regardless of size, on political partyexpenditures. A YES score is earned if allparty expenditures are prohibited.


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20e

20f

20g

21

21a

In law, there are requirements for disclosureof donations to political candidates andparties.

A YES score is earned if there are anyrequirements mandating the disclosure offinancial contributions to political parties orcandidates.

In law, there are requirements for theindependent auditing of the finances ofpolitical parties and candidates.

A YES score is earned if there is a legal orregulatory requirement for independentauditing of candidate and party finances.The auditing is performed by an impartialthird-party.

In law, there is an agency or entity thatmonitors the political financing process.

A YES score is earned if there is adomestic agency or set of domesticagencies/entities formally assigned tomonitor and enforce laws and regulationsaround political financing. A YES score is

earned even if the agency/entity isineffective in practice.

Are the regulations governing politicalfinancing effective?

In practice, the limits on individual donationsto candidates and political parties areeffective in regulating an individual's abilityto financially support a candidate or politicalparty.


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21b

21c

21d

21e

21f

In practice, the limits on corporate donationsto candidates and political parties areeffective in regulating a company's ability tofinancially support a candidate or politicalparty.

In practice, the limits on total partyexpenditures are effective in regulating apolitical party's ability to fund campaigns orpolitically-related activities.

In practice, when necessary, an agency orentity monitoring political financingindependently initiates investigations.

In practice, when necessary, an agency orentity monitoring political financing imposes

penalties on offenders.

In practice, contributions to political partiesand candidates are audited.


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22

22a

22b

22c

III Government Accountability

III-1 Executive Accountability23

24

24a

24b

24c

Can citizens access records related topolitical financing?

In practice, political parties and candidatesdisclose data relating to financial supportand expenditures within a reasonable timeperiod.

In practice, citizens can access the financialrecords of political parties and candidateswithin a reasonable time period.

In practice, citizens can access the financialrecords of political parties and candidates ata reasonable cost.

In law, can citizens sue the government forinfringement of their civil rights?

A YES score is earned if all citizens(citizen is defined broadly, to include allethnicities, or anyone born in the country)can receive compensation or redressthrough the courts for civil rights violationscommitted by the government, such asfailure to follow due process of law whendetaining suspected criminals.

Can the chief executive be heldaccountable for his/her actions?

In practice, the chief executive gives

reasons for his/her policy decisions.

In law, the judiciary can review the actionsof the executive.

A YES score is earned if there is a formalprocess by which the judiciary can passjudgments on the legality orconstitutionality of actions taken by the

executive.

In practice, when necessary, the judiciaryreviews the actions of the executive.


15/267

24d

25

25a

25b

26

26a

26b

26c

26d

In practice, the chief executive limits the useof executive orders for establishing newregulations, policies, or governmentpractices.

Is the executive leadership subject tocriminal proceedings?

In law, the heads of state and governmentcan be prosecuted for crimes they commit.

A YES score is earned if the heads ofstate and government can be investigated,charged or prosecuted for criminalallegations. Figurehead officials (symbolicfigures without day-to-day authority) maybe exempt.

In law, ministerial-level officials can beprosecuted for crimes they commit.

A YES score is earned if ministerial-levelofficials, or their equivalents, can all beinvestigated, charged or prosecuted forcriminal allegations.

Are there regulations governing conflicts ofinterest by the executive branch?

In law, the heads of state and governmentare required to file a regular assetdisclosure form.

A YES score is earned if the heads ofstate and government are required by lawto file an asset disclosure form while inoffice, illustrating sources of income, stockholdings, and other assets. This form need

not be publicly available to score a YES.Figurehead officials (symbolic figureswithout day-to-day authority) may beexempt.

In law, ministerial-level officials are requiredto file a regular asset disclosure form.

A YES score is earned if ministerial-levelofficials, or their equivalents, are allrequired by law to file an asset disclosureform while in office, illustrating sources ofincome, stock holdings, and other assets.

In law, there are regulations governing gifts

and hospitality offered to members of theexecutive branch.

A YES score is earned if there are formal

guidelines regulating gifts and hospitalityoffered to members of the executivebranch of government.

In law, there are requirements for theindependent auditing of the executivebranch asset disclosure forms (defined hereas ministers and heads of state andgovernment).

A YES score is earned if there is a legal orregulatory requirement for independentauditing of executive branch assetdisclosures. The auditing is performed byan impartial third-party. Figureheadofficials (symbolic figures without day-to-day authority) may be exempt.


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26e

26f

26g

26h

27

27a

27b

27c

In law, there are restrictions on heads ofstate and government and ministersentering the private sector after leaving thegovernment.

A YES score is earned if there areregulations restricting the ability of headsof state/government and ministers to takepositions in the private sector after leavinggovernment that would present a conflictof interest, including positions that directly

seek to influence their former governmentcolleagues. Figurehead officials (symbolicfigures without day-to-day authority) maybe exempt.

In practice, the regulations restricting post-government private sector employment forheads of state and government andministers are effective.

In practice, the regulations governing giftsand hospitality offered to members of theexecutive branch are effective.

In practice, executive branch assetdisclosures (defined here as ministers andabove) are audited.

Can citizens access the asset disclosurerecords of the heads of state andgovernment?

In law, citizens can access the assetdisclosure records of the heads of state andgovernment.

A YES score is earned if the heads ofstate and government file an assetdisclosure form that is, in law, accessibleto the public (individuals, civil society

groups or journalists).In practice, citizens can access the assetdisclosure records of the heads of state andgovernment within a reasonable timeperiod.

In practice, citizens can access the assetdisclosure records of the heads of state andgovernment at a reasonable cost.


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28

III-2 Legislative Accountability

29

29a

29b

29c

30

30a

30b

30c

In practice, official government functions arekept separate and distinct from thefunctions of the ruling political party.

Can members of the legislature be heldaccountable for their actions?

In law, the judiciary can review laws passedby the legislature.

A YES score is earned if there is a formalprocess by which the judiciary orconstitutional courts can pass judgmentson the legality or constitutionality of lawspassed by the legislature.

In practice, when necessary, the judiciaryreviews laws passed by the legislature.

In law, are members of the nationallegislature subject to criminal proceedings?

A YES score is earned if all members ofthe legislature can, in law, be investigatedand prosecuted for criminal allegations.

Are there regulations governing conflicts ofinterest by members of the nationallegislature?

In law, members of the national legislatureare required to file an asset disclosure form.

A YES score is earned if all members ofthe legislature are required by law to file anasset disclosure form while in office,illustrating sources of income, stockholdings, and other assets. This form doesnot need to be publicly available to score aYES.

In law, there are restrictions for nationallegislators entering the private sector after

leaving the government.

A YES score is earned if there areregulations restricting national legislators'

ability to take positions in the private sectorafter leaving government that wouldpresent a conflict of interest, includingpositions that directly seek to influencetheir former government colleagues.

In law, there are regulations governing giftsand hospitality offered to members of thenational legislature.

A YES score is earned if there are formalguidelines regulating gifts and hospitalityfor members of the legislature.


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30d

30e

30f

30g

31

31a

31b

31c

32

32a

In law, there are requirements for theindependent auditing of the asset disclosureforms of members of the nationallegislature.

A YES score is earned if there is a legal orregulatory requirement for independentauditing of legislative branch assetdisclosures. The auditing is performed byan impartial third-party.

In practice, the regulations restricting post-

government private sector employment fornational legislators are effective.

In practice, the regulations governing giftsand hospitality offered to national legislatorsare effective.

In practice, national legislative branch assetdisclosures are audited.

Can citizens access the asset disclosurerecords of members of the nationallegislature?

In law, citizens can access the assetdisclosure records of members of thenational legislature.

A YES score is earned if members of thenational legislature file an asset disclosureform that is, in law, accessible to the public(individuals, civil society groups orjournalists).

In practice, citizens can access legislativeasset disclosure records within areasonable time period.

In practice, citizens can access legislativeasset disclosure records at a reasonable

cost.

Can citizens access legislative processesand documents?

In law, citizens can access records oflegislative processes and documents.

A YES score is earned if there is a generallegal right to access records of legislativeproceedings including voting records. AYES score can still be given if there areformal rules for specific exemptions to theright to disclosure (special secret sessionsrelated to national security).


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32b

32c

III-3 Judicial Accountability

33 Are judges appointed fairly?

33a

33b

33c

34

34a

34b

34c

In practice, citizens can access records oflegislative processes and documents withina reasonable time period.

In practice, citizens can access records of

legislative processes and documents at areasonable cost.

In law, there is a transparent procedure forselecting national-level judges.

A YES score is earned if there is a formalprocess for selecting national leveljustices. This process should be public inthe debating and confirmation stages.National-level judges are defined asjudges who have powers that derive from anational law or constitution; are

nominated/appointed by a nationalgovernmental body (head ofstate/government or national legislature);and/or are elected nationally.

In practice, there are certain professionalcriteria required for the selection of national-level judges.

In law, there is a confirmation process fornational-level judges (i.e. conducted by thelegislature or an independent body).

A YES score is earned if there is a formalprocess establishing a review of national-level judicial nominees by an agencyindependent from the body appointing thejudges.

Can members of the judiciary be heldaccountable for their actions?

In law, members of the national-leveljudiciary are obliged to give reasons for theirdecisions.

A YES score is earned if there is a formaland mandatory process for judges toexplain their decisions.

In practice, members of the national-leveljudiciary give reasons for their decisions.

In law, there is a disciplinary agency (orequivalent mechanism) for the national-leveljudicial system.

A YES score is earned if there is adisciplinary agency (or equivalentmechanism) for the judicial system. Adisciplinary agency is defined here as anagency or mechanism specificallymandated to investigate breaches ofprocedure, abuses of power or otherfailures of the judiciary.


20/267

34d

34e

34f

35

35a

35b

35c

In law, the judicial disciplinary agency (orequivalent mechanism) is protected frompolitical interference.

A YES score is earned if there are formalrules establishing that the judicialdisciplinary agency (or equivalentmechanism) is operationally independentfrom political interference by the executive,legislative and judicial branches.

In practice, when necessary, the judicialdisciplinary agency (or equivalentmechanism) initiates investigations.

In practice, when necessary, the judicialdisciplinary agency (or equivalentmechanism) imposes penalties onoffenders.

Are there regulations governing conflicts ofinterest for the national-level judiciary?

In law, members of the national-leveljudiciary are required to file an assetdisclosure form.

A YES score is earned if all members ofthe national-level judiciary are required bylaw to file an asset disclosure form while inoffice, illustrating sources of income, stockholdings, and other assets. This form doesnot need to be publicly available to score aYES.

In law, there are regulations governing gifts

and hospitality offered to members of thenational-level judiciary.


guidelines regulating gifts and hospitalityfor members of the national-level judiciary.

In law, there are requirements for theindependent auditing of the asset disclosureforms of members of the national-leveljudiciary.

A YES score is earned if there is a legal orregulatory requirement for independentauditing of national-level judiciary assetdisclosures. The auditing is performed byan impartial third-party.


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35d

35e

35f

35g

36

36a

36b

36c

III-4 Budget Processes

37

37a

In law, there are restrictions for national-level judges entering the private sector afterleaving the government.

A YES score is earned if there areregulations restricting national-level judgesability to take positions in the private

sector after leaving government that wouldpresent a conflict of interest, includingpositions that directly seek to influence

their former government colleagues.

In practice, the regulations restricting post-government private sector employment fornational-level judges are effective.

In practice, the regulations governing giftsand hospitality offered to members of thenational-level judiciary are effective.

In practice, national-level judiciary assetdisclosures are audited.

Can citizens access the asset disclosurerecords of members of the national-leveljudiciary?

In law, citizens can access the assetdisclosure records of members of thenational-level judiciary.

A YES score is earned if members of thenational-level judiciary file an assetdisclosure form that is, in law, accessibleto the public (individuals, civil societygroups or journalists).

In practice, citizens can access judicialasset disclosure records within areasonable time period.

In practice, citizens can access judicialasset disclosure records at a reasonablecost.

Can the legislature provide input to thenational budget?

In law, the legislature can amend thebudget.

A YES score is earned if the legislaturehas the power to add or remove items tothe national government budget.


22/267

37b

37c

38

38a

38b

38c

39

40

40a

40b

In practice, significant public expendituresrequire legislative approval.

In practice, the legislature has sufficientcapacity to monitor the budget process andprovide input or changes.

Can citizens access the national budgetaryprocess?

In practice, the national budgetary processis conducted in a transparent manner in thedebating stage (i.e. before final approval).

In practice, citizens provide input at budgethearings.

In practice, citizens can access itemizedbudget allocations.

In law, is there a separate legislativecommittee which provides oversight ofpublic funds?

A YES score is earned if there is adedicated legislative committee (orequivalent group located in the legislature)that oversees the expenditure of publicfunds.

Is the legislative committee overseeing theexpenditure of public funds effective?

In practice, department heads regularlysubmit reports to this committee.

In practice, the committee acts in a non-partisan manner with members ofopposition parties serving on the committeein an equitable fashion.


23/267

40c

40d

IV Administration and Civil ServiceIV-1 Civil Service Regulations

41

41a

41b

41c

41d

42

In practice, this committee is protected frompolitical interference.

In practice, when necessary, this committeeinitiates independent investigations intofinancial irregularities.

Are there national regulations for the civilservice encompassing, at least, themanagerial and professional staff?

In law, there are regulations requiring animpartial, independent and fairly managedcivil service.

A YES score is earned if there are specificformal rules establishing that the civilservice carry out its duties independent ofpolitical interference.

In law, there are regulations to preventnepotism, cronyism, and patronage withinthe civil service.

A YES score is earned if there are specificformal rules prohibiting nepotism,cronyism, and patronage in the civilservice. These should include competitiverecruitment and promotion procedures aswell as safeguards against arbitrarydisciplinary actions and dismissal.

In law, there is an independent redressmechanism for the civil service.

A YES score is earned if there is amechanism to which civil servants andapplicants for the civil service can takegrievances regarding civil servicemanagement actions. Civil servants areable to appeal the mechanism's decisionsto the judiciary.

In law, civil servants convicted of corruptionare prohibited from future government

employment.

A YES score is earned if there are specificrules prohibiting continued government

employment following a corruptionconviction.

Is the law governing the administration andcivil service effective?


24/267

42a

42b

42c

42d

42e

42f

42g

42h

In practice, civil servants are protected frompolitical interference.

In practice, civil servants are appointed andevaluated according to professional criteria.

In practice, civil service managementactions (e.g. hiring, firing, promotions) arenot based on nepotism, cronyism, orpatronage.

In practice, civil servants have clear jobdescriptions.

In practice, civil servant bonuses constituteonly a small faction of total pay.

In practice, the government publishes the

number of authorized civil service positionsalong with the number of positions actuallyfilled.

In practice, the independent redressmechanism for the civil service is effective.

In practice, in the past year, the governmenthas paid civil servants on time.


25/267

42i

43

43a

43b

43c

43d

43e

43f

44

In practice, civil servants convicted ofcorruption are prohibited from futuregovernment employment.

Are there regulations addressing conflicts of

interest for civil servants?

In law, there are requirements for civilservants to recuse themselves from policydecisions where their personal interestsmay be affected.

A YES score is earned if there arerequirements for civil servants to recusethemselves from policy decisions wheretheir personal interests, including personalfinancial interests as well as those of theirfamily and friends, are affected.

In law, there are restrictions for civilservants entering the private sector afterleaving the government.

A YES score is earned if there areregulations restricting civil servants' abilityto take positions in the private sector afterleaving government that would present a

conflict of interest, including positions thatdirectly seek to influence their formergovernment colleagues.

In law, there are regulations governing giftsand hospitality offered to civil servants.

A YES score is earned if there are formalguidelines regarding gifts and hospitalitygiven to civil servants.

In practice, the regulations restricting post-government private sector employment forcivil servants are effective.

In practice, the regulations governing giftsand hospitality offered to civil servants areeffective.

In practice, the requirements for civil servicerecusal from policy decisions affectingpersonal interests are effective.

Can citizens access the asset disclosurerecords of senior civil servants?


26/267

44a

44b

44c

IV-2 Whistle-blowing Measures

45

45a

45b

45c

45d

46

47

In law, citizens can access the assetdisclosure records of senior civil servants.

A YES score is earned if laws orregulations guarantee that citizens canaccess the asset records of senior civilservants.

In practice, citizens can access the asset

disclosure records of senior civil servantswithin a reasonable time period.

In practice, citizens can access the assetdisclosure records of senior civil servants ata reasonable cost.

Are employees protected from recriminationor other negative consequences whenreporting corruption (i.e. whistle-blowing)?

In law, civil servants who report cases ofcorruption, graft, abuse of power, or abuseof resources are protected fromrecrimination or other negativeconsequences.

A YES score is earned if there are specificlaws against recrimination against publicsector whistleblowers. This may includeprohibitions on termination, transfer,harassment or other consequences.

In practice, civil servants who report casesof corruption, graft, abuse of power, orabuse of resources are protected fromrecrimination or other negativeconsequences.

In law, private sector employees who reportcases of corruption, graft, abuse of power,or abuse of resources are protected fromrecrimination or other negativeconsequences.

A YES score is earned if there are specificlaws against recrimination against privatesector whistleblowers. This may includeprohibitions on termination, transfer,harassment or other consequences.

In practice, private sector employees whoreport cases of corruption, graft, abuse ofpower, or abuse of resources are protected

from recrimination or other negativeconsequences.

In law, is there an internal mechanism (i.e.phone hotline, e-mail address, local office)through which civil servants can reportcorruption?

A YES score is earned if there is amechanism, or multiple mechanisms formultiple national government agencies,through which civil servants can reportcases of graft, misuse of public funds, orcorruption.

In practice, is the internal mechanism (i.e.phone hotline, e-mail address, local office)

through which civil servants can reportcorruption effective?


27/267

47a

47b

47c

47d

IV-3 Procurement

48 Is the public procurement process effective?

48a

48b

48c

48d

48e

In practice, the internal reportingmechanism for public sector corruption hasa professional, full-time staff.

In practice, the internal reportingmechanism for public sector corruptionreceives regular funding.

In practice, the internal reportingmechanism for public sector corruption actson complaints within a reasonable timeperiod.

In practice, when necessary, the internalreporting mechanism for public sectorcorruption initiates investigations.

In law, there are regulations addressingconflicts of interest for public procurementofficials.

A YES score is earned if there are specificformal regulations defining and regulatingconflicts of interest between official publicduty and private interests for publicprocurement officials. A YES score is

earned if such regulations cover all civilservants, including procurement officials.

In law, there is mandatory professionaltraining for public procurement officials.

A YES score is earned if publicprocurement officials receive regularmandatory training to ensure professionalstandards in supervising the tenderingprocess.

In practice, the conflicts of interestregulations for public procurement officialsare enforced.

In law, there is a mechanism that monitorsthe assets, incomes and spending habits ofpublic procurement officials.

A YES score is earned if there is a formalmandate to some agency to monitor theassets, incomes and spending habits ofpublic procurement officials, such as aninspector general, or ombudsman.

In law, major procurements requirecompetitive bidding.

A YES score is earned if all majorprocurements (defined as those greaterthan 0.5% of GDP) require competitivebidding.


28/267

48f

48g

48h

48i

48j

49

49a

49b

49c

49d

49e

49f

IV-4 Privatization

In law, strict formal requirements limit theextent of sole sourcing.

A YES score is earned if sole sourcing islimited to specific, tightly definedconditions, such as when a supplier is theonly source of a skill or technology.

In law, unsuccessful bidders can instigatean official review of procurement decisions.

A YES score is earned if there is a formalappeal process for unsuccessful bidders.

In law, unsuccessful bidders can challengeprocurement decisions in a court of law.

A YES score is earned if unsuccessfulbidders can use the courts to appeal aprocurement decision.

In law, companies guilty of major violationsof procurement regulations (i.e. bribery) areprohibited from participating in futureprocurement bids.

A YES score is earned if there are formalprocurement blacklists, preventingconvicted companies from doing businesswith the government.

In practice, companies guilty of majorviolations of procurement regulations (i.e.bribery) are prohibited from participating infuture procurement bids.

Can citizens access the public procurementprocess?

In law, citizens can access publicprocurement regulations.

A YES score is earned if procurementrules are, by law, open to the public.These regulations are defined here as therules governing the competitive

In law, the government is required topublicly announce the results ofprocurement decisions.

A YES score is earned if the government isrequired to publicly post or announce theresults of the public procurement process.This can be done through major mediaoutlets or on a publicly-accessible

government register or log.

In practice, citizens can access publicprocurement regulations within areasonable time period.

In practice, citizens can access publicprocurement regulations at a reasonablecost.

In practice, major public procurements areeffectively advertised.

In practice, citizens can access the resultsof major public procurement bids.


29/267

50 Is the privatization process effective?

50a

50b

50c

51

51a

51b

51c

51d

51e

V Oversight and RegulationV-1 National Ombudsman

In law, all businesses are eligible tocompete for privatized state assets.

A YES score is earned if all businessesare equally eligible to compete forprivatized assets. A YES score is stillearned if the government did not privatizeany state-owned assets during the study

period.

In law, there are regulations addressingconflicts of interest for government officialsinvolved in privatization.

A YES score is earned if there are specificformal regulations defining and regulatingconflicts of interest between official publicduty and private interests for privatizationofficials. A YES score is earned if suchregulations cover all civil servants,including privatization officials.

In practice, conflicts of interest regulationsfor government officials involved inprivatization are enforced.

Can citizens access the terms andconditions of privatization bids?

In law, citizens can access privatizationregulations.

A YES score is earned if privatization rules(defined here as the rules governing thecompetitive privatization process) are, bylaw, open to the public. Even ifprivatization is infrequent or rare, the mostrecent privitization should be used as the

In practice, privitizations are effectivelyadvertised.

In law, the government is required topublicly announce the results of privatizationdecisions.

A YES score is earned if the government isrequired to publicly post or announce theresults of the privatization process. Thiscan be done through major media outletsor on a publicly-accessible governmentregister or log.

In practice, citizens can access privatization

regulations within a reasonable time period.

In practice, citizens can access privatizationregulations at a reasonable cost.


30/267

52

53 Is the national ombudsman effective?

53a

53b

53c

53d

53e

53f

53g

53h

In law, is there a national ombudsman,public protector or equivalent agency (orcollection of agencies) covering the entirepublic sector?

A YES score is earned if there is a specificagency or set of agencies whose primarymandate is to investigate the actions ofgovernment on the behalf of commoncitizens. This agency or set of agenciesshould be specifically charged with

seeking out and documenting abuses ofpower.

In law, the ombudsman is protected frompolitical interference.

A YES score is earned only if the agency(or set of agencies) has some formalorganizational independence from thegovernment. A YES score is earned evenif the entity is legally separate but inpractice staffed by partisans.

In practice, the ombudsman is protectedfrom political interference.

In practice, the head of the ombudsmanagency/entity is protected from removalwithout relevant justification.

In practice, the ombudsman agency (oragencies) has a professional, full-time staff.

In practice, agency appointments supportthe independence of the ombudsmanagency (or agencies).

In practice, the ombudsman agency (oragencies) receives regular funding.

In practice, the ombudsman agency (oragencies) makes publicly available reports.

In practice, when necessary, the nationalombudsman (or equivalent agency oragencies) initiates investigations.


31/267

53i

53j

53k

54

54a

54b

54c

V-2 Supreme Audit Institution

55

56 Is the supreme audit institution effective?

56a

In practice, when necessary, the nationalombudsman (or equivalent agency oragencies) imposes penalties on offenders.

In practice, the government acts on thefindings of the ombudsman agency (oragencies).

In practice, the ombudsman agency (oragencies) acts on citizen complaints withina reasonable time period.

Can citizens access the reports of theombudsman?

In law, citizens can access reports of theombudsman(s).

A YES score is earned if all ombudsmanreports are publicly available.

In practice, citizens can access the reportsof the ombudsman(s) within a reasonabletime period.

In practice, citizens can access the reportsof the ombudsman(s) at a reasonable cost.

In law, is there a national supreme auditinstitution, auditor general or equivalentagency covering the entire public sector?

A YES score is earned if there is a specificagency whose primary mandate is to auditand track the movement of money throughthe government. This agency should bespecifically charged to investigate anddocument the misuse of funds. A systemof agencies located in each department isequivalent.

In law, the supreme audit institution isprotected from political interference.

A YES score is earned only if the agencyhas some formal organizationalindependence from the government. AYES score is earned even if the entity islegally separate but in practice staffed bypartisans.


32/267

56b

56c

56d

56e

56f

56g

56h

57

57a

57b

57c

V-3 Taxes and Customs

In practice, the head of the audit agency isprotected from removal without relevantjustification.

In practice, the audit agency has a

professional, full-time staff.

In practice, audit agency appointmentssupport the independence of the agency.

In practice, the audit agency receivesregular funding.

In practice, the audit agency makes regularpublic reports.

In practice, the government acts on thefindings of the audit agency.

In practice, the audit agency is able to

initiate its own investigations.

Can citizens access reports of the supremeaudit institution?

In law, citizens can access reports of theaudit agency.

A YES score is earned if all supremeauditor reports are available to the generalpublic.

In practice, citizens can access audit reportswithin a reasonable time period.

In practice, citizens can access the auditreports at a reasonable cost.


33/267

58

59 Is the tax collection agency effective?

59a

59b

60

61

62 Is the customs and excise agency effective?

62a

62b

63

V-4 State-Owned Enterprises

64

65

In law, is there a national tax collectionagency?

A YES score is earned if there is a nationalagency formally mandated to collect taxes.

In practice, the tax collection agency has aprofessional, full-time staff.

In practice, the tax agency receives regularfunding.

In practice, are tax laws enforced uniformlyand without discrimination?

In law, is there a national customs andexcise agency?

A YES score is earned if there is anagency formally mandated to collectexcises and inspect customs.

In practice, the customs and excise agencyhas a professional, full-time staff.

In practice, the customs and excise agencyreceives regular funding.

In practice, are customs and excise lawsenforced uniformly and withoutdiscrimination?

In law, is there an agency or equivalentmechanism overseeing state-ownedcompanies?

A YES score is earned if there is anagency or equivalent mechanism taskedwith overseeing the conduct andperformance of state-owned companies onbehalf of the public. State-ownedcompanies are defined as companiesowned in whole or in part by thegovernment.

Is the agency or equivalent mechanismoverseeing state-owned companieseffective?


34/267

65a

65b

65c

65d

65e

66

66a

66b

66c

66d

In law, the agency or equivalent mechanismoverseeing state-owned companies isprotected from political interference.

A YES score is earned only if the agencyor equivalent mechanism has some formaloperational independence from thegovernment. A YES score is earned evenif the entity is legally separate but inpractice staffed by partisans.

In practice, the agency or equivalentmechanism overseeing state-ownedcompanies has a professional, full-timestaff.

In practice, the agency or equivalentmechanism overseeing state-ownedcompanies receives regular funding.

In practice, when necessary, the agency orequivalent mechanism overseeing state-owned companies independently initiatesinvestigations.

In practice, when necessary, the agency orequivalent mechanism overseeing state-owned companies imposes penalties onoffenders.

Can citizens access the financial records ofstate-owned companies?

In law, citizens can access the financialrecords of state-owned companies.

A YES score is earned if the financialinformation of all state-owned companiesis required by law to be public. State-owned companies are defined ascompanies owned in whole or in part bythe government.

In practice, the financial records of state-owned companies are regularly updated.

In practice, the financial records of state-owned companies are audited according tointernational accounting standards.

In practice, citizens can access the financialrecords of state-owned companies within areasonable time period.


35/267

66e

V-5 Business Licensing and Regulation

67

67a

67b

67c

67d

68

68a

68b

68c

69

69a

69b

In practice, citizens can access the financialrecords of state-owned companies at areasonable cost.

Are business licenses available to allcitizens?

In law, anyone may apply for a businesslicense.

A YES score is earned if no particulargroup or category of citizens is excludedfrom applying for a business license, whenrequired. A YES score is also earned ifbasic business licenses are not required.

In law, a complaint mechanism exists if abusiness license request is denied.

A YES score is earned if there is a formalprocess for appealing a rejected license.

In practice, citizens can obtain anynecessary business license (i.e. for a smallimport business) within a reasonable timeperiod.

In practice, citizens can obtain anynecessary business license (i.e. for a smallimport business) at a reasonable cost.

Are there transparent business regulatoryrequirements for basic health,environmental, and safety standards?

In law, basic business regulatoryrequirements for meeting public healthstandards are transparent and publiclyavailable.

A YES score is earned if basic regulatoryrequirements for meeting public healthstandards are publicly accessible andtransparent.

In law, basic business regulatoryrequirements for meeting publicenvironmental standards are transparentand publicly available.

A YES score is earned if basic regulatoryrequirements for meeting publicenvironmental standards are publiclyaccessible and transparent.

In law, basic business regulatoryrequirements for meeting public safetystandards are transparent and publiclyavailable.

A YES score is earned if basic regulatoryrequirements for meeting public safetystandards are publicly accessible andtransparent.

Does government effectively enforce basichealth, environmental, and safety standards

on businesses?In practice, business inspections bygovernment officials to ensure public healthstandards are being met are carried out in auniform and even-handed manner.

In practice, business inspections bygovernment officials to ensure publicenvironmental standards are being met arecarried out in a uniform and even-handedmanner.


36/267

69c

VI Anti-Corruption and Rule of Law

VI-1 Anti-Corruption Law

70 Is there legislation criminalizing corruption?

70a In law, attempted corruption is illegal.

70b In law, extortion is illegal.

70c

70d

70e In law, bribing a foreign official is illegal.

70f

70g

70h In law, money laundering is illegal.

70i

VI-2 Anti-Corruption Agency

71

72 Is the anti-corruption agency effective?72a

In practice, business inspections bygovernment officials to ensure public safetystandards are being met are carried out in auniform and even-handed manner.

A YES score is earned if corruption lawsinclude attempted acts.

A YES score is earned if corruption lawsinclude extortion. Extortion is defined asdemanding favorable treatment (such as abribe) to withhold a punishment.

In law, offering a bribe (i.e. activecorruption) is illegal.

A YES score is earned if offering a bribe isillegal.

In law, receiving a bribe (i.e. passivecorruption) is illegal.

A YES score is earned if receiving a bribeis illegal.

A YES score is earned if bribing a foreignofficial is illegal.

In law, using public resources for privategain is illegal.

A YES score is earned if using publicresources for private gain is illegal.

In law, using confidential state informationfor private gain is illegal.

A YES score is earned if using confidentialstate information for private gain is illegal.

A YES score is earned if money laundering

is illegal. Money laundering is defined asconcealing the origin of funds to hidewrongdoing or avoid confiscation.

In law, conspiracy to commit a crime (i.e.organized crime) is illegal.

A YES score is earned if organized crimeis illegal.

In law, is there an agency (or group ofagencies) with a legal mandate to addresscorruption?

A YES score is earned if an agency isspecifically mandated to addresscorruption. A YES score is earned if thereare several agencies or entities withspecific roles in fighting corruption,including special prosecutorial entities.

In law, the anti-corruption agency (oragencies) is protected from politicalinterference.

A YES score is earned only if the agency(or agencies) has some formalorganizational or operationalindependence from the government. AYES score is earned even if theagency/agencies is legally separate but inpractice staffed by partisans.


37/267

72b

72c

72d

72e

72f

72g

72h

72i

73

In practice, the anti-corruption agency (oragencies) is protected from politicalinterference.

In practice, the head of the anti-corruptionagency (or agencies) is protected fromremoval without relevant justification.

In practice, appointments to the anti-corruption agency (or agencies) are basedon professional criteria.

In practice, the anti-corruption agency (oragencies) has a professional, full-time staff.

In practice, the anti-corruption agency (oragencies) receives regular funding.

In practice, the anti-corruption agency (or

agencies) makes regular public reports.

In practice, the anti-corruption agency (oragencies) has sufficient powers to carry outits mandate.

In practice, when necessary, the anti-corruption agency (or agencies)

independently initiates investigations.

Can citizens access the anti-corruptionagency?


38/267

73a

73b

VI-3 Rule of Law

74

74a In law, there is a general right of appeal.

74b

74c

75

76

77 Is the judiciary able to act independently?

77a

In practice, the anti-corruption agency (oragencies) acts on complaints within areasonable time period.

In practice, citizens can complain to theanti-corruption agency (or agencies) withoutfear of recrimination.

Is there an appeals mechanism forchallenging criminal judgments?

A YES score is earned if there is a formalprocess of appeal for challenging criminaljudgments.

In practice, appeals are resolved within areasonable time period.

In practice, citizens can use the appealsmechanism at a reasonable cost.

In practice, do judgments in the criminalsystem follow written law?

In practice, are judicial decisions enforcedby the state?

In law, the independence of the judiciary is

guaranteed.


rules establishing that the judiciary isindependent from political interference bythe executive and legislative branches.Independence include financial issues(drafting, allocation, and managing thebudget of the courts ).


39/267

77b

77c

77d

78

78a

78b

79

79a

In practice, national-level judges areprotected from political interference.

In law, there is a transparent and objectivesystem for distributing cases to national-level judges.

A YES score is earned if there is anobjective system that is transparent to thepublic that equitably or randomly assignscases to individual judges. The executivebranch does not control this process.

In law, national-level judges are protectedfrom removal without relevant justification.

A YES score is earned if there are specific,formal rules for removal of a justice.Removal must be related to abuse ofpower or other offenses related to jobperformance.

Are judges safe when adjudicatingcorruption cases?

In practice, in the last year, no judges havebeen physically harmed because ofadjudicating corruption cases.

A YES score is earned if there were nodocumented cases of judges beingassaulted because of their involvement ina corruption case during the specific studyperiod. YES is a positive score.

In practice, in the last year, no judges have

been killed because of adjudicatingcorruption cases.

A YES score is earned if there were no

documented cases of judges being killedrelated to their involvement in a corruptioncase during the study period. YES is apositive score.

Do citizens have equal access to the justicesystem?

In practice, judicial decisions are notaffected by racial or ethnic bias.


40/267

79b

79c

79d

79e

79f

79g

VI-4 Law Enforcement

80

80a

80b

In practice, women have full access to thejudicial system.

In law, the state provides legal counsel fordefendants in criminal cases who cannotafford it.

A YES score is earned if the government isrequired by law to provide impoverisheddefendants with legal counsel to defendthemselves against criminal charges.

In practice, the state provides adequatelegal counsel for defendants in criminalcases who cannot afford it.

In practice, citizens earning the medianyearly income can afford to bring a legalsuit.

In practice, a typical small retail businesscan afford to bring a legal suit.

In practice, all citizens have access to acourt of law, regardless of geographiclocation.

Is the law enforcement agency (i.e. thepolice) effective?

In practice, appointments to the lawenforcement agency (or agencies) aremade according to professional criteria.

In practice, the law enforcement agency (oragencies) has a budget sufficient to carryout its mandate.


41/267

80c

81

81a

81b

81c

81d

81e

81f

In practice, the law enforcement agency isprotected from political interference.

Can law enforcement officials be heldaccountable for their actions?

In law, there is an independent mechanismfor citizens to complain about police action.

A YES score is earned if there is a formalprocess or mechanism by which citizenscan complain about police actions. A YESscore is earned if a broader mechanismsuch as the national ombudsman, humanrights commission, or anti-corruptionagency has jurisdiction over the police.

In practice, the independent lawenforcement complaint reportingmechanism responds to citizen's complaintswithin a reasonable time period.

In law, there is an agency/entity toinvestigate and prosecute corruptioncommitted by law enforcement officials.

A YES score is earned if there is anagency/entity specifically mandated toinvestigate corruption-related activity withinlaw enforcement. This agency/entity maybe internal to the police department(provided it has a degree of independence,such as an internal affairs unit) or part of abroader national mechanism such as thenational ombudsman, human rightscommission, or anti-corruption agency.

In practice, when necessary, theagency/entity independently initiatesinvestigations into allegations of corruptionby law enforcement officials.

In law, law enforcement officials are notimmune from criminal proceedings.

A YES score is earned if law enforcementofficers are fully accountable for theiractions under the law and can beinvestigated and prosecuted for theiractions.

In practice, law enforcement officials are notimmune from criminal proceedings.


42/267

(version 2007.1.000)

Coding NO Coding 100

A NO score is earned when any singlenon-violent group is legally prohibited fromorganizing to promote good governance oranti-corruption. These groups may includenon-violent separatist groups, politicalparties or religious groups.

A NO score is earned if there any formallegal or regulatory bans on foreign ordomestic funding sources for CSOsfocused on anti-corruption or goodgovernance.

A NO score is earned if no such publicdisclosure requirement exists.

CSOs focused on promoting goodgovernance or anti-corruption can freelyorganize with little to no interaction with thegovernment, other than voluntaryregistration.

Civil society organizations focused on anti-corruption or good governance are anessential component of the political process.CSOs provide widely valued insights andhave political power. Those CSOs play aleading role in shaping public opinion onpolitical matters.


43/267

A NO score is earned if any CSO has beeneffectively shut down by the government orforced to cease operations because of itswork on corruption-related issues duringthe study period. The causal relationshipbetween the cessation of operations and

the CSO's work may not be explicit,however the burden of proof here is low. Ifit seems likely that the CSO was forced tocease operations due to its work, then theindicator is scored as a NO. Corruption isdefined broadly to include any abuses ofpower, not just the passing of bribes.

A NO score is earned if any activist wasjailed in relation to work coveringcorruption. The causal relationshipbetween the official charges and theperson's work may not be explicit, howeverthe burden of proof here is low. If it seemslikely that the person was imprisoned dueto his or her work, then the indicator isscored as a NO. Corruption is definedbroadly to include any abuses of power,not just the passing of bribes. "Imprisoned"is defined here as detention by thegovernment lasting more than 24 hours.

A NO score is earned if there were anydocumented cases during the study periodof assault to an activist who coverscorruption. Corruption is defined broadly toinclude any abuses of power, not just thepassing of bribes.

A NO score is earned if there were anydocumented cases during the study periodwhere a person was killed related to acorruption trial, scandal or investigation.

The relationship between a mysteriousdeath and an individual's history may notbe clear, however the burden of proof hereis low. If it is reasonable that a person waskilled in relation to his or her work oncorruption issues, then the indicator isscored as a NO. Corruption is definedbroadly to include any abuses of power,not just the passing of bribes.


44/267

A NO score is earned when any singlenon-violent trade union is legally prohibitedby the government from organizing.

Trade unions are common and are animportant part to the political process andpolitical discourse. Trade union organizershave widely understood rights. Trade unionsare free from intimidation or violence.

A NO score is earned if any specificpublication relating to government affairs islegally banned, or any general topic isprohibited from publication. Specificrestrictions on media regarding privacy orslander are allowed, but not if theseamount to legal censorship of a generaltopic, such as corruption or defense. ANO score is earned if non-governmentmedia is prohibited or restricted.

A NO score is earned if any individual

speech is legally prohibited, regardless oftopic. Specific exceptions for speech linkedwith a criminal act, such as a prohibition ondeath threats, are allowed. However, anynon-specific prohibition earns a NO score.

Print media entities can freely organize withlittle to no interaction with the government.This score may still be earned if groups orindividuals with a history of political violenceor terrorism (within last ten years) arebanned from forming media entities.

A NO score is earned if there is no appealprocess for print media licenses.

Licenses are not required or licenses can beobtained within two months.


45/267

Licenses are not required or can beobtained at minimal cost to the organization.Licenses can be obtained on-line or

through the mail.

Broadcast media entities can freelyorganize with little to no interaction with thegovernment. Media groups have equalaccess to broadcast bandwidth through areasonably fair distribution system. Thisscore may still be earned if groups orindividuals with a history of political violenceor terrorism (within last ten years) arebanned from forming media entities.

A NO score is earned if there is no appealprocess for broadcast media licenses.

Licenses are not required or licenses can beobtained within two months.

Licenses are not required or can beobtained at minimal cost to the organization.Licenses can be obtained on-line or

through the mail.

The government does not prevent Internetusers from accessing online content. Whilesome forms of content may be illegal todownload or own (such as childpornography), the government does notmanipulate networks to prevent access tothis information. This indicator addressesdirect government intervention in thetransfer of information, not indirectdeterrents such as intimidation,surveillance or technical difficulties incountries with poor infrastructure.

The government never removes onlineinformation or disables servers due to theirpolitical content. All political speech isprotected with limited exceptions, such aslegitimate intellectual property restrictions;direct calls to violence; or pornography.


46/267

A NO score is earned if privacy lawsprotect any public figures (as defined inthe YES coding) from accurateinformation.

The government, its proxies, or mediaownership/distribution groups make noattempt to restrict media coverage ofcorruption-related issues through unofficialmeans.

The government never prevents publicationof controversial corruption-related materials.

A NO score is earned if there is no suchrequirement or if the requirement isoptional, only partially applicable, orexempts certain types of entities or agentsfrom being disclosed.

A NO score is earned if there is no suchrequirement or if the requirement isoptional, only partially applicable, or

exempts certain type of entities or agentsfrom being disclosed.

Editors and journalists at the major mediaoutlets abide by a strict journalistic code ofconduct and are unwilling to alter theircoverage of a particular issue, event orperson in exchange for money, gifts, orother favors or remuneration.


47/267

All political parties and independentcandidates have some access to mediaoutlets. Individual media outlets may havebiases, but on balance, the national mediacoverage reflects the interests of theelectorate. Media groups generally act as

disinterested parties in an election. Inplaces where a government is popular withthe public, opposition viewpoints can accessthe public via media outlets.

The government ensures that equal accessand fair treatment of election contestants isprovided by all state-owned media outlets,including all electronic and print media. Thisobligation extends to news reports, editorialcomment, and all other content. All partiesand candidates are offered consistent andequivalent rates for campaign advertising on

state-owned media outlets.

A NO score is earned if any journalist wasjailed because of his/her work coveringcorruption during the study period. Thecausal relationship between the officialcharges and the journalist's work may notbe explicit, however the burden of proofhere is low. If it seems likely that thejournalist was imprisoned due to his or her

work, then the indicator is scored as a NO.Corruption is defined broadly to includeany abuses of power, not just the passingof bribes. "Imprisoned" is defined here asdetention by the government lasting morethan 24 hours.

A NO score is earned if there were anydocumented cases of assault to ajournalist covering corruption during thestudy period. Corruption is defined broadlyto include any abuses of power, not justthe passing of bribes.


48/267

A NO score is earned if there were anydocumented cases where a journalist waskilled in relation to his or her work coveringcorruption-related issues in the studyperiod. The relationship between amysterious death and an individual's work

may not be clear, however the burden ofproof here is low. If it is a reasonableguess that a person was killed in relationto his or her work on corruption issues,then the indicator is scored as a NO.Corruption is defined broadly to includeany abuses of power, not just the passingof bribes.

A NO score is earned if there is no suchright.

A NO score is earned if there is no suchformal process.

A NO score is earned if there is no suchformal mechanism or institution.

Records are available on-line, or recordscan be obtained within two weeks. Recordsare uniformly available; there are no delaysfor politically sensitive information.Legitimate exceptions are allowed forsensitive national security-relatedinformation.

Records are free to all citizens, or availablefor the cost of photocopying. Records canbe obtained at little cost, such as by mail, oron-line.


49/267

The agency/entity acts on appeals quickly.While some backlog is expected andinevitable, appeals are acknowledgedpromptly and cases move steadily towardsresolution.

In most cases, the appeals mechanism is

an affordable option to middle class citizensseeking to challenge an access toinformation determination.

The government always discloses to therequestor the specific, formal reasons fordenying information requests.

A NO score is earned if suffrage is deniedby law to any group of adult citizens forany reason. Citizen is defined broadly, toinclude all ethnicities, or anyone born inthe country. A NO score is earned ifhomeless or impoverished people arelegally prohibited from voting.

A NO score is earned if no such frameworkexists.

Voting is open to all citizens regardless ofrace, gender, prior political affiliations,physical disability, or other traditionalbarriers.

Ballots are secret, or there is a functionalequivalent protection, in all cases.

Elections are always held according to a

regular schedule, or there is a formaldemocratic process for calling a newelection, with deadlines for mandatoryelections.


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A NO score is earned if there are any legalor regulatory restrictions or prohibitionsbarring any types of political parties frombeing formed.

A NO score is earned if there are any legalrestrictions barring certain individuals orgroups from running for political office.

While there is no guarantee of electoralsuccess, political parties can form freelywithout opposition.

While there is no guarantee of electoralsuccess, anyone can run for office undertransparent and equitable guidelines. Thereis a formal process for access to the ballotwhich is fairly applied. The costs of runninga campaign are reasonable and do notdeter candidates from entering a race.

The opposition party always has someinfluence on the proceedings of thelegislature. The opposition party canintroduce legislation or bring pendingmatters to a vote without the consent of theruling party.

A NO score is earned if no domesticagency or set of domestic

agencies/entities that monitors elections. ANO score is earned if elections are onlymonitored by an agency informally, suchas poll booth monitoring by the police, onlyby international observers, or only byNGOs. A NO score is earned if thedomestic election agency or set ofdomestic agencies simply facilitates theprocess of voting but is not empowered toreport violations or abuses.


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A NO score is earned if the electionmonitoring agency or set ofagencies/entities is legally tied to bodiescontesting the election (i.e. an executivebranch agency such as the InteriorMinistry, or a committee of the legislature).

A NO score is automatically earned ifthere is no domestic election monitoringagency.

Appointments to the agency or set ofagencies/entities are made based onprofessional qualifications. Individualsappointed are free of conflicts of interestdue to personal loyalties, family connectionsor other biases. Individuals appointedusually do not have clear political partyaffiliations.

The agency or set of agencies/entities hasstaff sufficient to fulfill its basic mandate.

Reports are released to the public on apredictable schedule, without exceptions.

When rules violations are discovered, theagency or set of agencies/entities isaggressive in penalizing offenders and/or incooperating with other agencies inpenalizing offenders.

There is a transparent system of voterregistration that provides voters withsufficient time to understand their rights,check the accuracy of their registration, andensure that errors are corrected before theyvote.

A NO score is earned if there is no legalright for citizens or political parties tochallenge allegedly fraudulent electionresults in the courts or other judicialmechanisms.


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The electoral appeals mechanism takescases from both candidates complaining offlaws in the electoral process as well ascitizens bringing complaints related to denialof suffrage or registration errors. There isan expedited process for resolving such

complaints to avoid delaying a timelyannouncement of electoral results.

The military, military officers, and othersecurity forces refrain from overtlysupporting or opposing political candidatesor commenting on elections. The military orsecurity forces refrain from physicallyinterfering with political campaigns, rallies,or voting.

A NO score is earned if there are any legalor regulatory prohibitions on the monitoringof the electoral process by domestic orinternational election observers.

Election observers have unfettered accessto polling sites, counting stations, andvoters themselves. The government doesnot interfere with the observers' activities.

A NO score is earned if there is noregulation of private contributions topolitical parties.

A NO score is earned if there are no limitson contributions from individuals. A NOscore is also earned if limits are applied bythe government on oppositionparties/candidates in a discriminatorymanner.

A NO score is earned if there are no limits

on corporate contributions to candidates orpolitical parties. A NO score is also earnedif limits are applied by the government onopposition parties/candidates in adiscriminatory manner.

A NO score is earned if there are no limitson political party expenditures. A NOscore is also earned if limits are applied bythe government on opposition parties in adiscriminatory manner.


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A NO score is earned if there are norequirements mandating the disclosure ofcontributions to political parties orcandidates, existing regulations do notrequire a donor's name or amount given,or the regulations allow for anonymous

donations.

A NO score is earned if there are no legalor regulatory requirements for theindependent auditing of political partiesand candidates or if such requirementsexist but allow for candidates or parties toself-audit.

A NO score is earned if there is no suchagency or entity.

Existing limits represent the full extent towhich an individual can directly or indirectlyfinancially support a candidate or politicalparty. Limits are reasonably low enough inthe context of the total costs of running acampaign.


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Political parties and candidates disclosetheir sources of funding and expenditures atleast every quarter.

Records are available on-line, or recordscan be obtained within two days. Recordsare uniformly available; there are no delaysfor politically sensitive information.


A NO score is earned if any group ofcitizens is excluded from the right to suethe government, or no such mechanismexists.

The chief executive and/or cabinet ministers

give formal explanations of all policymatters. The chief executive regularly takescritical questions from journalists or anopposition party, usually at least once amonth. There is no censoring of suchsessions.

A NO score is earned if no suchmechanism exists. A NO score is earned ifjudicial review is vaguely established inlaw or regulation without formal

procedures. A NO score is earned ifgeneral exemptions exist with respect toexecutive actions that are reviewable (anational security exemption, for example).

When constitutional or legal questions orpossible violations are raised, the judiciaryis aggressive in reviewing executive actionsand can void illegal or unconstitutionalactions. The judiciary is fair and nonpartisanin its application of this power. It does notneed to relay upon the executive to initiate aconstitutional or legal review.


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The chief executive utilizes executive ordersonly when there is no constitutional or legalrequirement for official legislative action orapproval. Executive orders are limited innumber and narrow in scope.

A NO score is earned if either the head ofstate or government cannot beinvestigated, charged or prosecuted forcriminal allegations or the executivebranch controls whether investigative orprosecutorial immunity can be lifted on theheads of state or government.

A NO score is earned if any ministerial-level official, or equivalent official, cannotbe investigated, charged or prosecuted forcriminal allegations or the executivebranch controls whether investigative orprosecutorial immunity can be lifted onministerial-level officials.

A NO score is earned if either the head ofstate or government is not required todisclose assets.

A NO score is earned if ministers are notrequired to disclose assets. A NO score isearned if some ministers must discloseassets, but other ministers are notrequired.

A NO score is earned if there are no

guidelines or regulations with respect togifts and hospitality offered to members ofthe executive branch. A NO score isearned if the guidelines are overly generaland do not specify what is and is notappropriate.

A NO score is earned if there are no legalor regulatory requirements for theindependent auditing of executive branchasset disclosures or if such requirementsexist but allow for self-auditing.


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A NO score is earned if no suchrestrictions exist.

The regulations restricting post-governmentprivate sector employment for heads ofstate/government and ministers areuniformly enforced. There are no or fewcases of those officials taking jobs in theprivate sector after leaving governmentwhere they directly lobby or seek to

influence their former governmentcolleagues without an adequate "coolingoff" period.

The regulations governing gifts andhospitality to members of the executivebranch are regularly enforced andsufficiently restrict the amounts of gifts andhospitality that can be given. Members ofthe executive branch never or rarely acceptgifts or hospitality above what is allowed.

Executive branch asset disclosures areregularly audited using generally acceptedauditing practices.

A NO score is earned if there is no assetdisclosure for either the head of state orgovernment. A NO score is earned if theform is filed, but not available to the public.

Records are available on-line, or recordscan be obtained within two days. Recordsare uniformly available; there are no delaysfor politically sensitive information.



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Clear rules are followed distinguishing statefunctions from party activities. Governmentfunds are never used for party activities.The civil service is completely distinct fromparty bureaucracy.

A NO score is earned if no suchmechanism exists. A NO score is earned ifjudicial review is vaguely established inlaw or regulation without formalprocedures. A NO score is earned ifgeneral exceptions exist exempting certainlegislative actions from being reviewed (anational security exemption, for example).

When constitutional or legal questions orpossible violations are raised, the judiciaryis aggressive in reviewing laws passed andcan void illegal or unconstitutional actions.The judiciary is fair and nonpartisan in itsapplication of this power.

A NO score is earned if any member of thelegislature cannot, in law, be investigatedand prosecuted for criminal proceedings.

A NO score is earned if any memb

Documents

Integrity Indicators 2007