Reducing Discretion in Civil Service: Key to Preventing Corruption in Latin America

CAF—development bank of Latin America—presented the 2019 Economy and Development Report (EDR), which puts forward a number of measures to reduce corruption in the region, including the establishment of checks and balances in the civil service, the improvement of entry mechanisms into politics and public office, citizen monitoring of the action of officials, and oversight of the influence of interests of companies and individuals on government decisions.

With regard to checks within the civil service, the report underscores that a balance must be sought between setting objective rules and limits to the discretion of civil servants (without abusing them) and granting a degree of autonomy so that they can discharge their duties efficiently. This requires supplementing these rules with ex post audit procedures. This requires strengthening government audit entities with technical capabilities and independence. “Evidence shows that these conditions favor the detection of irregularities that must then be punished through the action of prosecutors’ offices and justice,” said CAF Vice President of Knowledge Pablo Sanguinetti. In addition, the Minister of the National Anti-Corruption Secretariat (SENAC), René Fernández Bobadilla, noted that “more than 200 public officials were prosecuted for complaints filed by the executive branch (SEPRELAD, SENAD and SENAC).”  Furthermore, Diego Martínez, Director of Regulations and Sectoral Studies at SEPRELAD said: “We are going to incorporate this CAF study as an input in our fight against corruption.”

Joel Branski, CAF representative in Paraguay, added that “Paraguay has been making institutional investments to enhance integrity and governance. Examples of this are the creation of the National Anti-Corruption Secretariat and the enactment of the Law on Access to Public Information in recent years.” The 2019 EDR also highlights that Paraguay has good legislation in terms of civil service, which calls for merit-based recruitment for entry to non-managerial positions and the possibility of using them also for management positions.

The EDR summarizes the main recommendations to promote public policy integrity in 10 key points:

1. Implementing protocols, procedures and decision rules based on objective criteria for public service.  This also includes streamlining and digitizing procedures
2. Revamping oversight systems and building investigation and law-enforcement capacities.
3. Promoting competitive and transparent electoral systems.
4. Professionalizing civil service and ensuring access to civil service is based on merit.
5. Improving information and dissemination systems on the actions of government and officials.
6. Empowering citizens and encouraging more vigilant attitudes.
7. Ensuring the operation of complaint and whistleblowing channels, and leveraging technology to create new spaces.
8. Strengthening institutions to prevent payment and offering of bribes by individuals and entities and to encourage the adoption of compliance programs within companies.
9. Investing in better lobbying regulation and in the identification and management of conflicts of interest.
10. Improving decision-making processes in particularly vulnerable activities, such as the provision of public infrastructure.

The EDR also highlights the importance of factors that can help accelerate implementation of reforms, such as international cooperation (for example through FATF and OECD), integration into international markets and the role that technology can play through data generation, openness and processing tools.