proper execution of their tasks, as well as a provision which prohibits them from accepting any gift representing a value of more than NAf 50 (US$ 28). Gifts below that threshold are to be reported and registered internally. The code also stipulates that the Ombudsman and his/her staff may not be party to or have an interest in a decision taken in their function. The code furthermore espouses values such as professionalism, objectivity, respect and trustworthiness, and underscores the duty of confidentiality. Staff currently appointed as civil servants are also covered by the general integrity regulations for civil servants. (Also refer to Chapter VII.4 Public Sector.)
Integrity mechanisms (practice) Score: 50 TO WHAT EXTENT IS THE INTEGRITY OF THE OMBUDSMAN ENSURED IN PRACTICE?
The Ombudsman is reported to undertake several activities to ensure the integrity of the Ombudsman’s office, and there are no indications that it is not adequately ensured. However, as the code of ethics was only adopted recently, there presently is not sufficient information to assess whether or not it is applied effectively in practice. Although not legally required, before staff are appointed the Ombudsman makes inquiries into criminal antecedents, additional functions, and activities of spouses. Those inquiries do not cover financial interests. Also, the Ombudsman’s staff are trained on integrity and corruption issues on a regular basis, and the Ombudsman regularly meets with other ombudsmen in the region or within the Kingdom to discuss good practices.798 The Ombudsman notes, however, that education and training abroad can be expensive. In the past, this limited the number of people able to follow training courses. Against this background, the Ombudsman has invested in improved local training opportunities.799 In practice, no cases of gross misconduct on the job have been recorded up to now.
Role Investigation Score: 50 TO WHAT EXTENT IS THE OMBUDSMAN ACTIVE AND EFFECTIVE IN DEALING WITH COMPLAINTS FROM THE PUBLIC?
On an individual case basis, the Ombudsman is active and appears to be effective. A lack of government commitment combined with an absence of legal provisions for sanctioning noncompliance, however, hamper structural improvements.
798 799
See, for example, Ombudsman of Curaçao, 2012:40; also Ombudsman of Curaçao, 2011:29 and 38. Ombudsman of Curaçao, 2011:38.
137
NATIONAL INTEGRITY SYSTEM ASSESSMENT CURAÇAO