During the vacations I had contact with a law initiative of the Dominican Republic on compliance for the public sector and I thought it was important to take up the notes on the subject in Guatemala, I did some research on some local stories and international practices that give light and guidance on the subject, here I comment on why some of this is necessary.
Risks with the public sector
All citizens interact with the public sector, and we are moderately confident that the control measures, probity, comptroller, prosecution of illicit acts of public servants, among others, are sufficient to protect us from the risks of actions or omissions of officials that may affect us, but: Is there really a compliance to which public sector officials around us are subject? I doubt it. Some businessmen and executives have been charged with criminal offenses whose origin lies in infractions by public servants who have been deceitful in acts of corruption and, abusing the trust placed in them by the public, have misled several unwary people.
Corruption cases of the Public Prosecutor’s Office in Guatemala
Recently there has been a lot of work by the Public Prosecutor’s Office, at the time CICIG, to prosecute crimes that in some cases are notorious compliance failures, yes, compliance is preventive but in the light of a criminal case can be seen with the benefit of hindsight as a failure of the compliance and ethics risk management system – compliance.
The Minister and corruption, light on some prevention mechanisms
A few years ago I read a book by a former finance minister of Guatemala where he mentioned that he witnessed illicit acts that were done to achieve contract approvals in the legislature involving private contractors of the state, which provoked the question, how come a minister could not use a whistleblower channel? If a minister of state could do nothing, what can ordinary citizens do? therefore, to collaborate as a society to promote a better public sector compliance system, including a whistleblower channel and whistleblower protection, effective collaborators, a preventive system beyond what exists today.
Comparative practices
Reviewing other practices, I found that some countries are so worn out in public management control that they prefer to have trusts, banks and private operators manage public procurement, because it is easier to enforce compliance than to change the whole governmental mystique, I thought. – of course there may be other motivations but that’s for another day on the blog.