OCTOBER 29TH 2015
OSCAR MAURICIO GUERRA FORD
PUBLIC POLICY TO COMBAT CORRUPTION: THE CHALLENGES
FACED BY THE NATIONAL ANTI-CORRUPTION SYSTEM
OPEN GOVERNMENT PARTNERSHIP SUMMIT 2015
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The anticorruption constitutional reform, driven in a great deal by the civil
society, specialists form academic institutions and a few legislators, has
strengthened supervision and sanction instances. It has also instituted the
National Anticorruption System, which implies a new configuration of inter-
institutional efforts without precedent, that will replace fragmented policies and
actions, to prevent and combat this cancer of the public service in México.
PRESENTATION
The following presentation explains briefly the
challenges that the National Anticorruption System
will face to materialize the scope of the reform and
coordinate the institutional efforts in order to
respond to an old social claim. Corruption has
become an obstacle for the country´s development
and makes the cost of life Mexicans more expensive.
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WHY FIGHT CORRUPTION?
DISENCHANTMENT AND SOCIAL DISTRUST
Corruption Perception Index by Transparency International (TI)
Since its first measurement in 1995, the score given by the population to the authorities has been very low (classified as failed). It has never reached a score of 40 out of a scale of 100. The country constantly lost positions in the global ranking, in part because of the inclusion of more countries in the Corruption Index.
Furthermore:
Over 80% of the population believes that public institutions are corrupt or very corrupt. Although society is also part of the problem: 61% of those polled accepted have given money as a bribe to the police, and 55% had bribed Justice Institutions (Global Barometer of Corruption 2013, TI)
31 33 26
33 34 33 37 36 36 36 35 33 35 36 33 31 30 34 34 35
32 38
47 55 58 59
51 57
64 64 65 70 72 72
89 98 100
105 106 103
Calificación Lugar Ranking
Low score
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NEED TO COMBAT CORRUPTION
HIGH COST OF CORRUPTION According to estimates by the Bank of Mexico (central bank), the World Bank and
Forbes, corruption has a cost up to 9% of Mexico’s GDP. This is equivalent to 1.5 trillion
pesos.
The average cost of a bribe for Mexicans is estimated in $165 pesos (Transparencia
Mexicana, 2010)
The cost to “access” or to expedite” procedures or basic services, both on the federal
and sub-national level, has an approximate cost of over 32 billion pesos every year (Transparencia Mexicana, 2010).
70% of Mexicans agrees or agree strongly that “citizens allow corruption” (Fifth ENCUP,
SEGOB).
Add 56% of the population considers that corruption is an unsolvable problem or close
to impossible to eradicate (Fifth ENCUP, SEGOB)
43
32
21
16
11
Agilizar trámites
Obtener licencias y permisos
Impedir abuso de autoridad
Ganar contratos
Participar en licitaciones
%
Reasons why companies are corrupted*
33
26
24
17
Municipal
Estatal
Federal
Agencias públicas
%
Level of government that recives payment (bribes)*
* Data from the Poll of Fraud and Corruption in Mexico, KPMG
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CONSTITUTIONAL ANTICORRUPTION REFORM 2015
Implications of the reform:
Institutes the National Anticorruption Systems and similar local systems
Strengthens the faculties and capabilities of the Superior Audit of the
Federation
Introduces two indispensable figures to persecute and sanction corruption: the
Special Prosecutor to Combat Corruption, and the Federal Tribunal of
Administrative Justice.
Establishes the creation of General Laws in the following: 1) National
Anticorruption Bases of Coordination; 2) Administrative Responsibilities of
Public Servants and Individuals linked to administrative offenses; it also
commands the reform laws to: a) regulate the organization and faculties of the
Superior Audit of the Federation; b) establish the Federal Tribunal of
Administrative Justice.
Establishes Assets and Interest declarations as mandatory for al public
servants.
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NATIONAL ANTICORRUPTION SYSTEM (NAS)
The National Anticorruption System is the “instance that coordinates all authorities
in every level of government in the prevention, detection and sanction of
administrative responsibilities and acts of corruption, as well as audit and control of
public resources.”
. INTEGRATION AND FUNCTIONS:
Superior Audit of the Federation
Special Prosecutor to Combat Corruption
Federal Tribunal of Administrative Justice
INAI
Representative of the National Council of the Judiciary
Representative from a Committee of Citizen Participation
Establish coordination mechanisms at the local level (sub-national)
Design and promote public policies on audit and control of public resources, prevention, control and deterrence of administrative anomalies as well as acts of corruption.
Determine mechanisms of supply, exchange, systematization and update of information on these subjects.
Establish the bases and principles for the coordination with local authorities.
Develop a yearly report of progress and results of its actions and functions.
MAIN CHALLENGES FOR THE NAS
The main challenges the National Anticorruption System will face are:
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The Congress must issue legislation of the
constitutional reform in an articulate manner and with
a high quality level to backup the National
Anticorruption System.
New legislation must focus on prevention and not only in combat and sanction
of corruption. It also must simplify and make transparent processes to
discourage corruption.
Those institutions in charge of the “administration of justice” must be
articulated in a form that ensures true independence and autonomy from
political interests.
Establish the grounds of administrative sanctions for public officials, such as
fines and removal from office, and those causes that lead to criminal offenses,
which should be punished to the fullest extend of the law, because they
damage the State and Society.
MAIN CHALLENGES FOR THE NAS
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Overcome the inertia of entrenched
corrupt practices for decades in much of
the country's public institutions.
Eradicate simulation scenario that has been
mounted to "justify" the decisions of
background with corruption.
I did… I achieved… I fight corruption ... I am transparent ...
It is about creating the policy and institutional conditions to destroy the
networks of complicity that have been generated in the federal and sub-
national government, where they share not only government officials, but
employers, unions and political parties.
MAIN CHALLENGES FOR THE NAS
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The success of the System will be in operation and
function of the coordination between the bodies
that integrate it. In this regard, high standards
should assign specific functions to each of them,
considering not only involving public institutions,
but a committee of citizen participation that must
also assume substantive functions.
Promote mechanisms and favorable conditions to combat the causes that
have led to an environment of corruption and impunity, as an effective public
policy accountability and citizen participation, and a functional system of
incentives and penalties.
Consistent with this, it is necessary to create a mechanism simple and practical
complaint, so society can to participate in monitoring public management and
involvement in the accountability of the authorities.
MAIN CHALLENGES FOR THE NAS
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Periodically report their progress and achievements, as well as obstacles and
problems faced to meet its goals and objectives. In other words, the National
Anticorruption System should be a model of accountability.
Generate a system of measuring corruption, with
reliable indicators to check the level of
effectiveness and monitoring progress or setbacks
in combating and preventing corruption. All with
the premise: “that what can not be measured can
not be expected to get better.”
Simplify procedures and bring transparency to
processes for the acquisition of goods and
services as well as for the operation of social
programs and all projects where conflicts of
interest may occur in public officials.
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RELATIONS BETWEEN THE NATIONAL TRANSPARENCY SYSTEM (NTS), THE NATIONAL ANTICORRUPTION SYSTEM (NAS) AND THE AUDIT SYSTEM (AS)
Preventing and
combating
corruption
(Sanctions)
Transparency National
Accountability
System
Access to
Information
Control and Audit Coordination
Bodies
Interinstitutional
Coordination
Administrative
responsabilities
Citizen
Participation
AS
NTS
NAS
Complaint
mechanisms
Po
licie
s an
d
me
asu
res
Enable
Citizens present their complaints to
the control institutions
Audit, investigation and punishment
Transparent actions and
results
CONCLUSIONS
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Corruption is an evil present in all countries, not only in third world countries. This
disease has been entrenched governments in all states since ancient times.
However, in countries like ours it has reached levels that actually damage the daily
lives of people, individually and communally.
Because of the level and degree of complexity that has developed in our country,
efforts to combat corruption regarding a multiplicity of institutions that must work
in a coordinated and articulated manner, involving the participation of society in
substantive tasks to ensure effectiveness of its actions, avoiding the simulation.
However, it is not enough to issue a multitude of norms and standards; the timely
implementation of these is necessary to punish acts of corruption no matter who
is involved. Only then will the fear of committing illegal acts in public servants, and
over time, trust and credibility in public institutions will be generated.