Chapter 3
Guatemala Massimo Mastruzzi
Overview Guatemala’s Law on Probity and Responsibilities of Public Officials (the Probity Law) was introduced in December 2002 to strengthen the existing income and asset disclosure (IAD) system. This was done in response to the widespread corruption scandals and allegations of corruption that had afflicted Guatemala during its postconflict era. The law, which established the Integrity Department (Dirección de Probidad) within the Comptroller General’s Office (Contraloría General de Cuentas, CGC) as the entity responsible for the management and enforcement of the system, was originally conceived to detect and prevent cases of illicit enrichment and conflicts of interest. However, because of the limited capacity of the implementing agency to detect conflicts of interest, it serves primarily as a tool for the detection of illicit enrichment (see box 3.1). A review of the first six years of operation reveals a mixed picture. The first four years were marred by repeated corruption scandals involving heads of the CGC and the Integrity Department; high personnel turnover, especially at high-level positions;1 considerable budget and staffing constraints; and the absence of formal standards for the verification of declarations. Not surprisingly, between 2003 and 2006, the system was characterized by very low awareness and compliance rates. From 2007 to 2009, however, the Integrity Department enjoyed remarkably improved stability in terms of staff turnover, which, in turn, has translated into better results. The submission compliance rate, for instance, climbed from less than 40 percent to an estimated 75 percent in 2008 as a result of intensive awareness campaigns organized by the Integrity Department to foster better responsiveness on the part of human resources directors. As a result, the size of the filing This report is based on desk research and the findings of a visit to Guatemala undertaken in July 2009 on behalf of the Stolen Asset Recovery (StAR) Initiative and the Governance & Public Sector Management Unit of the World Bank to examine the country’s IAD system. This report was produced with the help of World Bank consultants Chiara Rocha and Modest Kwapinski, and with the valuable input of Walfred Orlando Rodríguez Tórtola, Head of the Dirección de Probidad; Alex Pellecer, of the Submission Verification unit; and Luz Ofelia Aquino, Head of the Investigation and Verification unit. Income and Asset Disclosure • http://dx.doi.org/10.1596/978-0-8213-9796-1
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