Workshop on Transparency and Governance
Stockholm, Sweden 25-28 May 1999
Conclusions
The Workshop on Transparency and Governance had the active participation
of government officials, international organizations, civil organizations, and the private
sector. After presentations by the panelists, there was broad audience participation, with
an exchange of viewpoints on transparency and governance.
The general discussion emphasized the indispensable need for the efficient and
transparent management of public resources. This is true not only in terms of
reconstruction funds but also is important as an integral part of the transformation of
the countries of the region. A fundamental element of transparency is the availability and
free access to information. The discussion also stressed that in the context of
transparency, accountability involves all elements of society ( the state, civil society
and the private sector)
The principal conclusions of the workshop, grouped by general themes, can be summarized
as follows:
1. Administration of Public Resources
Efficient and transparent administration of public resources, through good practices in
public management, financial management and evaluation of results.
Proposals:
- Procurement and contracting systems as an integral part of state reform, with an
integrated perspective and as a matter of policy and not a procedural issue.
- Modem systems for the management and control of state procurement, that ensure the
required diligence, efficiency, transparency and due process.
- Proper budgeting and management, through:
a) preparation of single account budgets that identify the origin and destination of
resources.
b) preparation and implementation of public information systems on the budget and its
execution.
c) presentation of public accounts to citizens by means of procedures that are accessible,
expedited and effective.
d) development and execution of integrated financial systems.
- Strengthening of supreme auditing institutions (controllers' offices), with
administrative and financial independence.
- Improvement of internal audit and control systems of state entities.
2. The Judicial System
Justice based on constitutional and legal principles; transparency in judicial
activities.
Proposals:
- Independent judiciary, within the model of checks and balances of the powers of the
state.
- Careers in the judiciary that ensure proper appointments, job stability, career paths
and adequate salaries.
- Strengthening of the institutions of the judicial sector, such as prosecutors,
defenders' offices, etc.
- Training for proper professional development.
- Oral trials to strengthen probity, integrity and transparency.
- Speed and efficiency in addressing the demand for justice that is prompt and
transparent, and an element of development.
- Internal controls to prevent corruption within the judicial system (judicial and
professional ethics codes and inspection systems), thereby ensuring a judicial system that
is not corrupt and that is able to fight corruption.
- Modernization and updating of registry systems, management of archives and files.
- Disclosure of information to encourage a basic culture of justice.
3. Civil Society
Citizen participation in matters of public interest is an indispensable condition in
promoting transparency in the region.
Proposals:
- Acknowledgment and encouragement of participation by the citizenry in the different
stages of the decision-making process related to public matters that affect it.
- Support of disclosure systems that guarantee the citizenry access to information on the
administration of the state at different levels (local, regional and national).
- Citizen participation in the evaluation of the social impact of programs or projects.
- Support of initiatives that will strengthen ethics and probity.
- Technical assistance and support to civil society organizations in:
a) strengthening of representative and execution capabilities so as to increase their
interaction with the State, and
b) promoting participatory processes with the State.
4. Legal Instruments
A. International aspects
The promotion of transparency in the region requires that countries apply, in an
effective and integrated manner, the international legal instruments, particularly the
InterAmerican Convention Against Corruption.
Proposals:
- Adapt national criminal codes in accordance with the provisions of the Convention.
- Implement and apply the measures foreseen in the Convention.
B. National Aspects
Good governance requires transparency in the financing of political campaigns.
Proposals:
- Adopting election campaign and political party financing laws.
5. Reconstruction Period
The effective, efficient and transparent management of reconstruction assistance funds
poses one of the major challenges for governments and is one of the greatest concerns of
the donor community.
The availability of large sums of financial resources to be channeled by the
international community to affected countries, requires the strengthening of the operative
and control mechanisms of the public sector responsible for use of funds. In many cases,
exceptional measures must be undertaken. Such measures, without interfering with the
proper functioning of state entities, must ensure the applicability of principles of
efficiency and probity required by both beneficiary countries and donors.
Proposals:
- Supervisory mechanisms through the contracting of specialized firms for the
implementation of an external support mechanism for the independent concurrent supervision
of procurement and monitoring of contract execution.
- Institutional strengthening of the management capability of national executing agencies
through contracting of specialized support firms, with a major training component.
6. Private Sector
The private sector must form an integral part of the discussion on transparency within
the framework of both the reconstruction and the transformation of the countries of the
region.
Proposals:
- Development of corporate ethics codes Promotion of laws punishing corrupt practices
Modernization of commercial legislation
Panelists
Dr. Jose Eduardo Gauggel Rivas, President of the Central American Court of Justice (Moderator)
Dr. James Spinner, Deputy General Counsel, Legal Department of the Inter-American
Development Bank
Mr. Ian Bannon, Lead Economist, Central America Country Management Unit, Latin America and
the Caribbean Region, The World Bank
Ms. Adriana Prado, Coordinator of the United Nations Development Programme Project on
Regional Governance in Central America
Ms. Elena Brineman, Director, United States Agency for International Development in
Honduras
Dr. Jorge Eduardo Tenorio, President of the Supreme Court of Justice of El Salvador.
Eng. Agustin Jarquin Anaya, Comptroller General of Nicaragua, in his capacity as President
of the Organization of Central American and Caribbean National Oversight and Control
Entities
Mr. Claes Elklundh, Principal Ombudsman of the Swedish Parliament.
Dr. Jorge Garcia Gonzalez, Director, Department of Legal Cooperation, Organization of
American States
Mr. Manfredo Marroquin, Executive Director of Acci6n Ciudadana, of Guatemala
Mr. Ronald MacLean-Abaroa, Senior Governance Researcher, Central America Project, Harvard
Institute for International Development
Papers Presented in the Workshop
Transparency and Probity in the Context of the
Reconstruction of some Central American Countries (James Spinner) (spanish)
The Fight against Corruption: a World Bank
Perspective (Ian Bannon)
Justice and Transparency from a Central American
Perspective (Eduardo Tenorio) (spanish)
Transparency and Governance Perspective of the Ombudsman (Claes Eklundh)
Scope of the Inter-American Convention against Corruption and its Application in the
Central American Countries (Jorge Garcia Gonz6lez)
Civil Society: Participation and Transparency in
Central America (Adriana Prado)
Transparency and Accountability in the Restructuring and National Transformation as a
Result of Damages Caused by Hurricanes (Elena Brineman).
Transparency and Transformation in Central America (Agustin Jarquin Anaya)
A perspective on the Role of the Civil Society in Transparency (Manfredo Marroquin)
Systemic Prevention of Corruption (Ronald MacLean-Abaroa)
For more information on the workshop, contact
Mr. Jorge Claro de la Maza (jorgecm@iadb.org)
Chief of Procurement and Coordination Office
Inter-American Development Bank
tel: (202) 623-2612 fax: (202) 623-1579
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