Documentos de Académico
Documentos de Profesional
Documentos de Cultura
3b In practice, in the past year, no civil society A YES score is earned if there were no
activists working on corruption issues have documented cases of CSO activists
been physically harmed. covering corruption being assaulted in the
specific study period. A YES score can be
earned if there was an attack but it was
clearly unrelated to the activist's work.
YES is a positive score.
3c In practice, in the past year, no civil society A YES score is earned if there were no
activists working on corruption issues have documented cases of CSO activists being
been killed. killed because of their work covering
corruption in the specific study period.
YES is a positive score.
I-2 Media
5 Are media and free speech protected?
5a In law, freedom of the media is guaranteed. A YES score is earned if freedom of the
press is guaranteed in law, including to all
political parties, religions, and ideologies.
6b In law, where a print media license is A YES score is earned if there is, in law or
necessary, there is an appeal mechanism if in accompanying regulations, a formal
a license is denied or revoked. process to appeal a denied print media
license, including through the courts. A
YES score is also earned if no print license
is necessary.
6c In practice, where necessary, citizens can
obtain a print media license within a
reasonable time period.
6d In practice, where necessary, citizens can
obtain a print media license at a reasonable
cost.
7b In law, where a broadcast (radio and TV) A YES score is earned if there is, in law or
media license is necessary, there is an in accompanying regulations, a formal
appeal mechanism if a license is denied or process to appeal a denied broadcast
revoked. media license, including through the
courts. A YES score is also earned if no
broadcast license is necessary.
7c In practice, where necessary, citizens can
obtain a broadcast (radio and TV) media
license within a reasonable time period.
7d In practice, where necessary, citizens can
obtain a broadcast (radio and TV) media
license at a reasonable cost.
10b In law, broadcast (radio and TV) media A YES score is earned if broadcast media
companies are required to disclose their companies are required by law to disclose
ownership. all owners of the company.
11b In practice, in the past year, no journalists A YES score is earned if there were no
investigating corruption have been documented cases of journalists being
physically harmed. assaulted during the specific study period
for their work covering corruption issues.
A YES score is positive.
11c In practice, in the past year, no journalists A YES score is earned if there were no
investigating corruption have been killed. documented cases of journalists being
killed because of their work covering
corruption-related issues during the study
period. A YES score is positive.
12b In law, citizens have a right of appeal if A YES score is earned if there is a formal
access to a basic government record is process of appeal for rejected information
denied. requests. A YES score can still be earned
if the appeals process involves redress
through the courts rather than
administrative appeal.
12c In law, there is an established institutional A YES score is earned if there is a formal
mechanism through which citizens can government mechanism/institution through
request government records. which citizens can access government
records available under freedom of
information laws. This mechanism could
be a government office (or offices within
agencies or ministries) or an electronic
request system.
II Elections
II-1 Voting & Citizen Participation
14 Is there a legal framework guaranteeing the
right to vote?
14a In law, universal and equal adult suffrage is A YES score is earned if the right to vote is
guaranteed to all citizens. guaranteed to all citizens of the country
(basic age limitations are allowed). A YES
score can still be earned if voting
procedures are, in practice, inconvenient
or unfair.
14b In law, there is a legal framework requiring A YES score is earned if there is a
that elections be held at regular intervals. statutory or other framework enshrined in
law that mandates elections at reasonable
intervals.
15 Can all citizens exercise their right to vote?
16b In law, all citizens have a right to run for A YES score is earned if all citizens
political office. (citizen is defined broadly, to include all
ethnicities, or anyone born in the country)
have the right under law to run for political
office. A YES score may still be earned if
Individuals with a history of violence,
terrorism, or criminality are banned from
running for office.
19b In law, election results can be contested A YES score is earned if citizens or
through the judicial system. political parties can challenge allegedly
fraudulent election results through the
courts or other judicial mechanisms.
19c In practice, election results can be
effectively appealed through the judicial
system.
19e In law, domestic and international election A YES score is earned if domestic and
observers are allowed to monitor elections. international election observers are
allowed to monitor the electoral process.
20c In law, there are limits on corporate A YES score is earned if there are any
donations to candidates and political limits, regardless of size, on corporate
parties. contributions to political candidates and
political parties. A YES score is earned if
contributions are prohibited.
20d In law, there are limits on total political party A YES score is earned if there are any
expenditures. limits, regardless of size, on political party
expenditures. A YES score is earned if all
party expenditures are prohibited.
20e In law, there are requirements for disclosure A YES score is earned if there are any
of donations to political candidates and requirements mandating the disclosure of
parties. financial contributions to political parties or
candidates.
20f In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the finances of regulatory requirement for independent
political parties and candidates. auditing of candidate and party finances.
The auditing is performed by an impartial
third-party.
20g In law, there is an agency or entity that A YES score is earned if there is a
monitors the political financing process. domestic agency or set of domestic
agencies/entities formally assigned to
monitor and enforce laws and regulations
around political financing. A YES score is
earned even if the agency/entity is
ineffective in practice.
24b In law, the judiciary can review the actions A YES score is earned if there is a formal
of the executive. process by which the judiciary can pass
judgments on the legality or
constitutionality of actions taken by the
executive.
26b In law, ministerial-level officials are required A YES score is earned if ministerial-level
to file a regular asset disclosure form. officials, or their equivalents, are all
required by law to file an asset disclosure
form while in office, illustrating sources of
income, stock holdings, and other assets.
26c In law, there are regulations governing gifts A YES score is earned if there are formal
and hospitality offered to members of the guidelines regulating gifts and hospitality
executive branch. offered to members of the executive
branch of government.
26d In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the executive regulatory requirement for independent
branch asset disclosure forms (defined here auditing of executive branch asset
as ministers and heads of state and disclosures. The auditing is performed by
government). an impartial third-party. Figurehead
officials (symbolic figures without day-to-
day authority) may be exempt.
26e In law, there are restrictions on heads of A YES score is earned if there are
state and government and ministers regulations restricting the ability of heads
entering the private sector after leaving the of state/government and ministers to take
government. positions in the private sector after leaving
government that would present a conflict
of interest, including positions that directly
seek to influence their former government
colleagues. Figurehead officials (symbolic
figures without day-to-day authority) may
be exempt.
29c In law, are members of the national A YES score is earned if all members of
legislature subject to criminal proceedings? the legislature can, in law, be investigated
and prosecuted for criminal allegations.
30b In law, there are restrictions for national A YES score is earned if there are
legislators entering the private sector after regulations restricting national legislators'
leaving the government. ability to take positions in the private sector
after leaving government that would
present a conflict of interest, including
positions that directly seek to influence
their former government colleagues.
30c In law, there are regulations governing gifts A YES score is earned if there are formal
and hospitality offered to members of the guidelines regulating gifts and hospitality
national legislature. for members of the legislature.
30d In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the asset disclosure regulatory requirement for independent
forms of members of the national auditing of legislative branch asset
legislature. disclosures. The auditing is performed by
an impartial third-party.
30e In practice, the regulations restricting post-
government private sector employment for
national legislators are effective.
33c In law, there is a confirmation process for A YES score is earned if there is a formal
national-level judges (i.e. conducted by the process establishing a review of national-
legislature or an independent body). level judicial nominees by an agency
independent from the body appointing the
judges.
34c In law, there is a disciplinary agency (or A YES score is earned if there is a
equivalent mechanism) for the national-level disciplinary agency (or equivalent
judicial system. mechanism) for the judicial system. A
disciplinary agency is defined here as an
agency or mechanism specifically
mandated to investigate breaches of
procedure, abuses of power or other
failures of the judiciary.
34d In law, the judicial disciplinary agency (or A YES score is earned if there are formal
equivalent mechanism) is protected from rules establishing that the judicial
political interference. disciplinary agency (or equivalent
mechanism) is operationally independent
from political interference by the executive,
legislative and judicial branches.
35b In law, there are regulations governing gifts A YES score is earned if there are formal
and hospitality offered to members of the guidelines regulating gifts and hospitality
national-level judiciary. for members of the national-level judiciary.
35c In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the asset disclosure regulatory requirement for independent
forms of members of the national-level auditing of national-level judiciary asset
judiciary. disclosures. The auditing is performed by
an impartial third-party.
35d In law, there are restrictions for national- A YES score is earned if there are
level judges entering the private sector after regulations restricting national-level judges
leaving the government. ability to take positions in the private
sector after leaving government that would
present a conflict of interest, including
positions that directly seek to influence
their former government colleagues.
41d In law, civil servants convicted of corruption A YES score is earned if there are specific
are prohibited from future government rules prohibiting continued government
employment. employment following a corruption
conviction.
42 Is the law governing the administration and
civil service effective?
42a In practice, civil servants are protected from
political interference.
43b In law, there are restrictions for civil A YES score is earned if there are
servants entering the private sector after regulations restricting civil servants' ability
leaving the government. to take positions in the private sector after
leaving government that would present a
conflict of interest, including positions that
directly seek to influence their former
government colleagues.
43c In law, there are regulations governing gifts A YES score is earned if there are formal
and hospitality offered to civil servants. guidelines regarding gifts and hospitality
given to civil servants.
43d In practice, the regulations restricting post-
government private sector employment for
civil servants are effective.
45a In law, civil servants who report cases of A YES score is earned if there are specific
corruption, graft, abuse of power, or abuse laws against recrimination against public
of resources are protected from sector whistleblowers. This may include
recrimination or other negative prohibitions on termination, transfer,
consequences. harassment or other consequences.
45c In law, private sector employees who report A YES score is earned if there are specific
cases of corruption, graft, abuse of power, laws against recrimination against private
or abuse of resources are protected from sector whistleblowers. This may include
recrimination or other negative prohibitions on termination, transfer,
consequences. harassment or other consequences.
IV-3 Procurement
48 Is the public procurement process effective?
48a In law, there are regulations addressing A YES score is earned if there are specific
conflicts of interest for public procurement formal regulations defining and regulating
officials. conflicts of interest between official public
duty and private interests for public
procurement officials. A YES score is
earned if such regulations cover all civil
servants, including procurement officials.
48d In law, there is a mechanism that monitors A YES score is earned if there is a formal
the assets, incomes and spending habits of mandate to some agency to monitor the
public procurement officials. assets, incomes and spending habits of
public procurement officials, such as an
inspector general, or ombudsman.
48e In law, major procurements require A YES score is earned if all major
competitive bidding. procurements (defined as those greater
than 0.5% of GDP) require competitive
bidding.
48f In law, strict formal requirements limit the A YES score is earned if sole sourcing is
extent of sole sourcing. limited to specific, tightly defined
conditions, such as when a supplier is the
only source of a skill or technology.
48g In law, unsuccessful bidders can instigate A YES score is earned if there is a formal
an official review of procurement decisions. appeal process for unsuccessful bidders.
48h In law, unsuccessful bidders can challenge A YES score is earned if unsuccessful
procurement decisions in a court of law. bidders can use the courts to appeal a
procurement decision.
48i In law, companies guilty of major violations A YES score is earned if there are formal
of procurement regulations (i.e. bribery) are procurement blacklists, preventing
prohibited from participating in future convicted companies from doing business
procurement bids. with the government.
48j In practice, companies guilty of major
violations of procurement regulations (i.e.
bribery) are prohibited from participating in
future procurement bids.
IV-4 Privatization
50 Is the privatization process effective?
50a In law, all businesses are eligible to A YES score is earned if all businesses
compete for privatized state assets. are equally eligible to compete for
privatized assets. A YES score is still
earned if the government did not privatize
any state-owned assets during the study
period.
50b In law, there are regulations addressing A YES score is earned if there are specific
conflicts of interest for government officials formal regulations defining and regulating
involved in privatization. conflicts of interest between official public
duty and private interests for privatization
officials. A YES score is earned if such
regulations cover all civil servants,
including privatization officials.
51c In law, the government is required to A YES score is earned if the government is
publicly announce the results of privatization required to publicly post or announce the
decisions. results of the privatization process. This
can be done through major media outlets
or on a publicly-accessible government
register or log.
51d In practice, citizens can access privatization
regulations within a reasonable time period.
67b In law, a complaint mechanism exists if a A YES score is earned if there is a formal
business license request is denied. process for appealing a rejected license.
70a In law, attempted corruption is illegal. A YES score is earned if corruption laws
include attempted acts.
70b In law, extortion is illegal. A YES score is earned if corruption laws
include extortion. Extortion is defined as
demanding favorable treatment (such as a
bribe) to withhold a punishment.
70c In law, offering a bribe (i.e. active A YES score is earned if offering a bribe is
corruption) is illegal. illegal.
70d In law, receiving a bribe (i.e. passive A YES score is earned if receiving a bribe
corruption) is illegal. is illegal.
70e In law, bribing a foreign official is illegal. A YES score is earned if bribing a foreign
official is illegal.
70f In law, using public resources for private A YES score is earned if using public
gain is illegal. resources for private gain is illegal.
70g In law, using confidential state information A YES score is earned if using confidential
for private gain is illegal. state information for private gain is illegal.
70h In law, money laundering is illegal. A YES score is earned if money laundering
is illegal. Money laundering is defined as
concealing the origin of funds to hide
wrongdoing or avoid confiscation.
70i In law, conspiracy to commit a crime (i.e. A YES score is earned if organized crime
organized crime) is illegal. is illegal.
VI-2 Anti-Corruption Agency
71 In law, is there an agency (or group of A YES score is earned if an agency is
agencies) with a legal mandate to address specifically mandated to address
corruption? corruption. A YES score is earned if there
are several agencies or entities with
specific roles in fighting corruption,
including special prosecutorial entities.
72 Is the anti-corruption agency effective?
72a In law, the anti-corruption agency (or A YES score is earned only if the agency
agencies) is protected from political (or agencies) has some formal
interference. organizational or operational
independence from the government. A
YES score is earned even if the
agency/agencies is legally separate but in
practice staffed by partisans.
72b In practice, the anti-corruption agency (or
agencies) is protected from political
interference.
77c In law, there is a transparent and objective A YES score is earned if there is an
system for distributing cases to national- objective system that is transparent to the
level judges. public that equitably or randomly assigns
cases to individual judges. The executive
branch does not control this process.
77d In law, national-level judges are protected A YES score is earned if there are specific,
from removal without relevant justification. formal rules for removal of a justice.
Removal must be related to abuse of
power or other offenses related to job
performance.
78 Are judges safe when adjudicating
corruption cases?
78a In practice, in the last year, no judges have A YES score is earned if there were no
been physically harmed because of documented cases of judges being
adjudicating corruption cases. assaulted because of their involvement in
a corruption case during the specific study
period. YES is a positive score.
78b In practice, in the last year, no judges have A YES score is earned if there were no
been killed because of adjudicating documented cases of judges being killed
corruption cases. related to their involvement in a corruption
case during the study period. YES is a
positive score.
79c In law, the state provides legal counsel for A YES score is earned if the government is
defendants in criminal cases who cannot required by law to provide impoverished
afford it. defendants with legal counsel to defend
themselves against criminal charges.
81e In law, law enforcement officials are not A YES score is earned if law enforcement
immune from criminal proceedings. officers are fully accountable for their
actions under the law and can be
investigated and prosecuted for their
actions.
81f In practice, law enforcement officials are not
immune from criminal proceedings.
(version 2007.1.000)
Formation of print media groups is possible, Print media groups are effectively prohibited,
though there is some burden on the media either by official requirements or by unofficial
group including overly complicated means, such as intimidation or fear.
registration or licensing requirements. Some
unofficial barriers, such as harassment of
minority groups, may occur.
Licensing is required and takes more than Licensing takes close to or more than one
two months. Some groups may be delayed year for most groups.
up to six months.
Licenses are required, and impose a financial Licenses are required, and impose a major
burden on the organization. Licenses may financial burden on the organization.
require a visit to a specific office, such as a Licensing costs are prohibitive to the
regional or national capital. organization.
Licensing is required and takes more than Licensing takes close to or more than one
two months. Some groups may be delayed year for most groups.
up to six months.
Licenses are required, and impose a financial Licenses are required, and impose a major
burden on the organization. Licenses may financial burden on the organization.
require a visit to a specific office, such as a Licensing costs are prohibitive to the
regional or national capital. organization.
Internet users are prevented by the Internet users are routinely prevented from
government from reaching online content in accessing online content. Government
some cases. Government tactics may include restrictions are in place at all times for
firewalls preventing access to networks in certain topics. Government tactics may
other countries, or manipulating search include firewalls preventing access to
engine results to exclude politically sensitive networks in other countries, or manipulating
topics. search engine results to exclude politically
sensitive topics.
In some cases, the government restricts The government regularly restricts political
political speech by its citizens on the Internet. speech by its citizens on the Internet. This is
This is accomplished either directly by accomplished either directly by controlling
controlling servers hosting restricted content, servers hosting the restricted content, or
or indirectly through threats or intimidation indirectly through threats or intimidation
against the persons posting political content. against the persons posting political content.
The government, its proxies, or media The government, its proxies, or media
ownership/distribution groups make some ownership/distribution groups actively use
attempts to restrict media coverage of illegal methods to restrict reporting of
corruption-related issues through unofficial corruption-related issues. This may include
means, such as restricting access by harassment, arrests, and threats. Journalists
disfavored media outlets, or other short-term and publishers take a personal risk to report
consequences. Violent reprisals against on corruption, and media outlets who
media outlets are rare. commonly report on corruption face long-
term consequences or violent reprisals.
Editors and journalists at the major media Editors and journalists are widely known to
outlets generally avoid altering coverage in "sell" favorable or unfavorable coverage in
exchange for favors but some exceptions exchange for money, gifts, or other
have been noted. Not all newsrooms abide remuneration. The major media outlets do
by a formal journalistic code of conduct. not abide by any formal journalistic code of
conduct.
Major popular media outlets have a The mass media, on balance, have clear
persistent bias regarding some parties or preferences in election outcomes and
independent candidates. Some major parties coverage is driven to achieve these goals.
may be partially excluded from media Some major parties or independent
coverage, or draw more negative coverage. candidates are excluded or consistently
Media sectors may have distinct biases, such negatively portrayed by mass media.
as newspapers favoring one party, while Dissenting political opinions are only found
radio favors another. on fringe or elite media outlets, such as Web
sites.
The government generally ensures equal The government uses state-owned media to
access and fair treatment of all candidates routinely discriminate against opposition
and parties by state-owned media outlets but candidates and parties. Advertising space
some exceptions exist. State-owned media may be denied to opposition candidates and
may occasionally discriminate against parties or higher rates may be charged.
particular parties or candidates and
advertising rates may be confusing or non-
transparent.
Records take around one to two months to Records take more than four months to
obtain. Some additional delays may be acquire. In some cases, most records may be
experienced. Politically-sensitive information available sooner, but there may be persistent
may be withheld without sufficient delays in obtaining politically sensitive
justification. records. National security exemptions may
be abused to avoid disclosure of government
information.
Voting is often open to all citizens regardless Voting is not available to some demographics
of race, gender, prior political affiliations, through some form of official or unofficial
physical disability, or other traditional pressure. Voting may be too dangerous,
barriers, with some exceptions. expensive, or difficult for many people.
Ballots are secret, or there is a functional Ballot preferences are not secret. Ballots are
equivalent protection, in most cases. Some routinely tampered with during transport and
exceptions to this practice have occurred. counting.
Ballots may be subject to tampering during
transport or counting.
Elections are normally held according to a Elections are called arbitrarily by the
regular schedule, but there have been recent government. There is no functioning
exceptions. The formal process for calling a schedule or deadline for new elections.
new election may be flawed or abused.
Some barriers to formation are present, such Some political parties are effectively barred
as burdensome registration requirements that from forming through some manner of official
may not be fairly applied. Some parties' or unofficial pressure. This may include
political viewpoints may draw pressure from threats, arrest, or violence from competing
the government, such as surveillance or parties or other groups.
intimidation. Some political parties or
organizations may have extra barriers to
getting on a ballot.
Some barriers exist to getting on the ballot Citizens can effectively be barred from the
and bureaucratic or regulatory requirements ballot through government abuse of official
for doing do may be unfairly applied. The rules and/or unofficial pressure. The costs of
costs of running a political campaign are running a campaign are extremely high and
significant and result in dissuading some result in most average citizens being unable
candidates from running for office. to run an effective campaign for office.
The opposition party has influence on the The opposition party has only token
proceeding of the legislature, but it is limited participation in the legislature's proceedings
in scope. The opposition's ability to force and cannot advance legislation or force a
votes or publicly debate certain topics may debate.
be limited.
Appointments are usually based on Appointments are often based on political
professional qualifications. However, considerations. Individuals appointed often
individuals appointed may have clear party have conflicts of interest due to personal
loyalties. loyalties, family connections or other biases.
Individuals appointed often have clear party
loyalties.
The agency or set of agencies/entities has The agency or set of agencies/entities has no
limited staff, or staff without necessary staff, or such a limited staff that is clearly
qualifications to fulfill its basic mandate. unqualified to fulfill its mandate.
Reports are released, but may be delayed, The agency or set of agencies/entities makes
difficult to access, or otherwise limited. no public reports, issues reports which are
effectively secret, or issues reports of no
value.
The agency or set of agencies/entities The agency or set of agencies/entities does
enforces rules, but is limited in its not effectively penalize offenders and/or
effectiveness. The agency may be slow to cooperate with other agencies in penalizing
act, unwilling to take on politically powerful offenders. The agency may make judgments
offenders, reluctant to cooperate with other but not enforce them, or may fail to make
agencies, or occasionally unable to enforce reasonable judgments against offenders. The
its judgments. agency may be partisan in its application of
power.
The military, military officers, and security The military or other security forces are an
forces may be known to unofficially support active and explicit player in politics and overly
or oppose particular candidates or parties. support or oppose particular candidates or
The military or security forces generally parties. The military or security forces
refrain from the use of force to support or routinely exercise the use of force to support
oppose particular candidates or parties but or oppose parties or candidates.
there are exceptions.
Existing limits generally represent the full Existing limits are routinely bypassed or
extent to which a political party can finance willfully ignored. The majority of
its activities. However, exceptions and expenditures are made outside of the formal
loopholes exist through which parties can limitation system. Limits are so high that they
generate revenue or finance their activities are meaningless in the context of the overall
beyond the scope of existing regulations. costs of running a party.
Such loopholes could include taking loans
that are outside of the scope of regulations
covering direct donations; links to revenue-
generating business activities that are
beyond the scope of electoral or campaign-
related regulations; or accepting in-kind
support that is not explicitly regulated by laws
or regulations. The limits may be too high in
the context of the overall costs of running a
party
The agency or entity will start investigations, The agency or entity rarely investigates on its
but often relies on external pressure to set own, or the agency or entity is partisan in its
priorities, or has limited effectiveness when application of this power.
investigating. The agency, thought limited in
effectiveness, is still fair in its application of
power.
The agency or entity enforces rules, but is The agency or entity does not effectively
limited in its effectiveness. The agency or penalize offenders. The agency or entity may
entity may be slow to act, unwilling to take on make judgments but not enforce them, or
politically powerful offenders, or occasionally may fail to make reasonable judgments
unable to enforce its judgments. against offenders. The agency or entity may
be partisan in its application of power.
Political party and candidate finances (as Party and candidate finances are not audited,
defined) are audited, but audits are limited in or the audits performed have no value in
some way, such as using inadequate tracking contributions. Audits may be
auditing standards, or the presence of performed by entities known to be partisan or
exceptions to disclosed contributions. biased in their practices.
Contributions to the political party or
candidate may be sufficiently audited, but the
auditing of nominally independent extensions
of the party may not be.
Political parties and candidates disclose their Political parties and candidates never publish
sources of funding and expenditures only their sources of funding or expenditures or
one or two times per year. Delays may occur publish that information only rarely with more
when sensitive political information is than a year in between publication.
involved. Politically sensitive information is regular
withheld from public disclosure.
Records take two to four weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. There may be persistent delays in obtaining
politically sensitive records.
The chief executive and/or cabinet ministers The chief executive and/or cabinet ministers
give explanations of policy, but not always in do not give substantial justifications for
a timely or complete way. The chief executive policy. Public appearances by the chief
occasionally takes critical questions from executive offer no exposure to critical
journalists or an opposition party, but not in a questions. The government and
regular or formalized process. Particular government-run media routinely sensor such
issues of political sensitivity may be censored sessions.
by government broadcasters.
The judiciary will review executive actions, The judiciary does not effectively review
but is limited in its effectiveness. The executive policy. The judiciary may make
judiciary may be slow to act, unwilling to take judgments but not enforce them, or may fail
on politically sensitive issues, or occasionally to pass judgments on executive abuses. The
unable to enforce its judgments. judiciary may be partisan in its application of
power. It must rely on instructions from the
executive in order to initiate a legal or
constitutional review.
The chief executive sometimes relies on The chief executive routinely abuses
executive orders to implement policies and executive orders to render the legislature
regulations opposed by the legislature. practically useless. Executive orders are the
Some executive orders are overly broad in norm, not the exception, and directly
scope and are designed to circumvent contravene constitutional or legal
constitutional or legal requirements for requirements for legislative action or
legislative action or approval. approval.
The regulations are generally enforced The regulations are rarely or never enforced.
though some exceptions exist. In certain Heads of state/government or ministers
sectors, heads of state/government or routinely take jobs in the private sector
ministers are known to regularly take jobs in following government employment that
the private sector that entail directly lobbying involve direct lobbying or influencing of
or seeking to influence their former former government colleagues. Cooling off
government colleagues. Cooling off periods periods are non-existent or never enforced.
are short and sometimes ignored.
The regulations governing gifts and The regulations governing gifts and
hospitality to members of the executive hospitality to members of the executive
branch are generally applied though branch are routinely ignored and unenforced.
exceptions exist. Some ministers in certain Ministers and other members of the
sectors are known to accept greater amounts executive branch routinely accept significant
of gifts and hospitality from outside interest amounts of gifts and hospitality from outside
groups or private sector actors than is interest groups and actors seeking to
allowed. influence their decisions.
Executive branch asset disclosures are Executive branch asset disclosures are not
audited, but audits are limited in some way, audited, or the audits performed have no
such as using inadequate auditing standards, value. Audits may be performed by entities
or the presence of exceptions to disclosed known to be partisan or biased in their
assets. practices.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some additional delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
The ruling party is, in principal, separate from The government bureaucracy is an extension
the state, but exceptions to this standard of the ruling party. There are few boundaries
sometimes occur. Examples may be the use between government and party activities.
of civil servants to organize political rallies, Government funds, equipment and personnel
use of government vehicles on campaign are regularly used to support party activities.
trips, or use of government funds for party
purposes.
The judiciary will review laws passed, but is The judiciary does not effectively review laws
limited in its effectiveness. The judiciary may passed. The judiciary may make judgments
be slow to act, unwilling to take on politically but not enforce them, or may fail to pass
sensitive issues, or occasionally unable to judgments on executive abuses. The
enforce its judgments. judiciary may be partisan in its application of
power.
The regulations are generally enforced The regulations are rarely or never enforced.
though some exceptions exist. In certain Legislators routinely take jobs in the private
sectors, legislators are known to regularly sector following government employment that
take jobs in the private sector that entail involve direct lobbying or influencing of
directly lobbying or seeking to influence their former government colleagues. Cooling off
former government colleagues. Cooling off periods are non-existent or never enforced.
periods are short and sometimes ignored.
The regulations governing gifts and The regulations governing gifts and
hospitality to national legislators are generally hospitality to national legislators are routinely
applied though exceptions exist. Some ignored and unenforced. Legislators
legislators in certain sectors are known to routinely accept significant amounts of gifts
accept greater amounts of gifts and and hospitality from outside interest groups
hospitality from outside interest groups or and actors seeking to influence their
private sector actors than is allowed. decisions.
Legislative branch asset disclosures are Legislative branch asset disclosures are not
audited, but audits are limited in some way, audited, or the audits performed have no
such as using inadequate auditing standards, value. Audits may be performed by entities
or the presence of exceptions to disclosed known to be partisan or biased in their
assets. practices.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
Most national-level judges selected meet National-level judges are often unqualified
these qualifications, with some exceptions. due to lack of training or experience.
Judges are compelled to give substantial Judges commonly issue decisions without
reasons for their decisions, but some formal explanations.
exceptions exist. These may include special
courts, such as military courts or tribunals.
The judicial disciplinary agency (or equivalent The judicial disciplinary agency (or equivalent
mechanism) will start or cooperate in mechanism) rarely investigates on its own or
investigations, but often relies on external cooperates in other agencies' investigations,
pressure to set priorities, or has limited or the judicial disciplinary agency (or
effectiveness when investigating. The judicial equivalent mechanism) is partisan in its
disciplinary agency (or equivalent application of this power.
mechanism), though limited in effectiveness,
is still fair in its application of power.
The judicial disciplinary agency (or equivalent The judicial disciplinary agency (or equivalent
mechanism) enforces rules, but is limited in mechanism) does not effectively penalize
its effectiveness. The judicial disciplinary offenders. The judicial disciplinary agency (or
agency (or equivalent mechanism) may be equivalent mechanism) may make judgments
slow to act, unwilling to take on politically but not enforce them, does not cooperate
powerful offenders, resistant to cooperating with other agencies in enforcing penalties, or
with other agencies, or occasionally unable may fail to make reasonable judgments
to enforce its judgments. against offenders. The judicial disciplinary
agency (or equivalent mechanism) may be
partisan in its application of power.
The regulations are generally enforced The regulations are rarely or never enforced.
though some exceptions exist. In certain Judges routinely take jobs in the private
cases, judges are known to regularly take sector following government employment that
jobs in the private sector that entail directly involve direct lobbying or influencing of
lobbying or seeking to influence their former former government colleagues. Cooling off
government colleagues. Cooling off periods periods are non-existent or never enforced.
are short and sometimes ignored.
The regulations governing gifts and The regulations governing gifts and
hospitality to members of the national-level hospitality to members of the national-level
judiciary are generally applied though judiciary are routinely ignored and
exceptions exist. Some judges are known to unenforced. Judges routinely accept
accept greater amounts of gifts and significant amounts of gifts and hospitality
hospitality from outside interest groups or from outside interest groups and actors
private sector actors than is allowed. seeking to influence their decisions.
National-level judiciary asset disclosures are National-level judiciary asset disclosures are
audited, but audits are limited in some way, not audited, or the audits performed have no
such as using inadequate auditing standards, value. Audits may be performed by entities
or the presence of exceptions to disclosed known to be partisan or biased in their
assets. practices.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
Most significant government expenditures (as The legislature does not have the power to
defined) are approved by the legislature, but approve or disapprove large portions of the
some exceptions to this rule exist. This may government budget, or the legislature does
include defense programs, an executive's not exercise this power in a meaningful way.
personal budget, or other expenses.
Legislators have some staff and financial Legislators have little to no staff and virtually
resources but are limited by a shortfall of no financial resources with which to perform
resources to adequately perform all of their their budgetary oversight role. Lack of
budgetary oversight functions. Legislators resources is a regular and systemic problem
are occasionally overwhelmed by the volume that cripples the performance of the
of work to be performed. legislature.
There is a formal, transparent process for Budget negotiations are effectively closed to
budget debate, but major budget the public. There may be a formal,
modifications may be negotiated in separate, transparent process, but most real discussion
closed sessions. Some items, such as non- and debate happens in other, closed
secret defense projects, may be negotiated settings.
in closed sessions. Authors of individual line
items may be difficult to identify.
Citizens or CSOs can provide input, but this Citizens or CSOs have no formal access to
information is often not relevant to budget provide input to the budget debate.
decisions.
Citizens, journalists and CSOs can access Citizens cannot access an itemized list of
itemized lists of budget allocations but this budget allocations, due to secrecy,
information may be difficult to access, prohibitive barriers or government
incomplete or out of date. inefficiency.
The committee starts investigations, but is The committee does not effectively
limited in its effectiveness. The committee investigate financial irregularities. The
may be slow to act, unwilling to take on committee may start investigations but not
politically powerful offenders, or occasionally complete them, or may fail to detect
unable to enforce its judgments. offenders. The committee may be partisan in
its application of power.
Civil servants are typically independent, yet Civil servants are commonly influenced by
are sometimes influenced in their judgments political or personal matters. This may
by negative or positive political or personal include conflicting family relationships,
incentives. This may include favorable or professional partnerships, or other personal
unfavorable treatment by superiors, public loyalties. Negative incentives may include
criticism or praise by the government, or threats, harassment or other abuses of
other forms of influence. Civil servants may power. Civil servants are unable to find a
bring a case to the judicial system remedy in the courts for unjustified or
challenging politically-motivated firings but politically-motivated firings.
the case may encounter delays or
bureaucratic hurdles.
Nepotism, cronyism, and patronage are Nepotism, cronyism, and patronage are
discouraged, but exceptions exist. Political commonly accepted principles in hiring, firing
leaders or senior officials sometimes appoint and promotions of civil servants.
family member or friends to favorable
positions in the civil service, or lend other
favorable treatment.
Civil servants often have formal job Civil servants do not have formal roles or job
descriptions, but exceptions exist. Some civil descriptions. If they do, such job
servants may not be part of the formal descriptions have little or nothing to do with
assignment of duties and compensations. the position's responsibilities, authority, or
Some job descriptions may not map clearly to pay.
pay or responsibilities in some cases.
Civil servant bonuses are generally a small Most civil servants receive bonuses that
percentage of total take-home pay for most represent a significant amount of total take-
civil servants though exceptions exist where home pay. In some cases bonuses
some civil servants' bonuses represent a represent the majority of total pay to civil
significant part of total pay. servants.
The government publishes such a list but it is The government rarely or never publishes
often delayed or incomplete. There may be such a list, or when it does it is wholly
multiple years in between each successive incomplete.
publication.
The independent civil service redress The civil service redress mechanism must
mechanism can generally decide what to rely on approval from the executive or the
investigate and when but is sometimes bodies that manage civil servants on a day-
subject to pressure from the executive or the to-day basis before initiating investigations.
bodies that manage civil servants on a day- Politically sensitive investigations are almost
to-day basis on politically sensitive issues. impossible to move forward on.
In the past year, some civil servants have In the past year, civil servants have
been paid late. frequently been denied due pay.
A system of formal blacklists and cooling off There is no such system, or the system is
periods is in place, but the system has flaws. consistently ineffective in prohibiting future
Some civil servants may not be affected by employment of convicted civil servants.
the system, or the prohibitions are sometimes
not effective.
The regulations are generally enforced The regulations are rarely or never enforced.
though some exceptions exist. In certain Civil servants routinely take jobs in the
sectors, civil servants are known to regularly private sector following government
take jobs in the private sector that entail employment that involve direct lobbying or
directly lobbying or seeking to influence their influencing of former government colleagues.
former government colleagues. Cooling off Cooling off periods are non-existent or never
periods are short and sometimes ignored. enforced.
The regulations governing gifts and The regulations governing gifts and
hospitality to civil servants are generally hospitality to the civil service are routinely
applied though exceptions exist. Some civil ignored and unenforced. Civil servants
servants in certain sectors are known to routinely accept significant amounts of gifts
accept greater amounts of gifts and and hospitality from outside interest groups
hospitality from outside interest groups or and actors seeking to influence their
private sector actors than is allowed. decisions.
The requirements that civil servants recuse Most civil servants routinely ignore recusal
themselves from policy decisions where their requirements and continue to participate in
personal interests are affected are followed policy decisions where their personal
by most civil servants though exceptions interests are affected.
exist. In certain sectors, civil servants are
known to routinely participate in policy
decisions where their personal interests are
affected.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
Public sector whistleblowers are sometimes Public sector whistleblowers often face
able to come forward without negative substantial negative consequences, such as
consequences, but in other cases, losing a job, relocating to a less prominent
whistleblowers are punished for disclosing, position, or some form of harassment.
either through official or unofficial means.
Private sector whistleblowers are sometimes Private sector whistleblowers often face
able to come forward without negative substantial negative consequences, such as
consequences, but in other cases, losing a job, relocating to a less prominent
whistleblowers are punished for disclosing, position, or some form of harassment.
either through official or unofficial means.
The agency/entity has limited staff, a fact that The agency/entity has no staff, or a limited
hinders its ability to fulfill its basic mandate. staff that is clearly unqualified to fulfill its
mandate.
The agency/entity has a regular source of Funding source is unreliable. Funding may
funding but may be pressured by cuts, or be removed arbitrarily or as retaliation for
threats of cuts to the agency budget. Political agency actions.
considerations have an effect on agency
funding.
The agency/entity acts on complaints quickly, The agency/entity cannot resolve complaints
with some exceptions. Some complaints may quickly. Complaints may be unacknowledged
not be acknowledged, and simple issues may for more than a month, and simple issues
take more than two months to resolve. may take more than three months to resolve.
Serious abuses are not investigated with any
urgency.
The agency/entity starts investigations, but is The agency/entity does not effectively
limited in its effectiveness. The agency/entity investigate. The agency/entity may start
may be slow to act, unwilling to take on investigations but not complete them, may
politically powerful offenders, reluctant to refuse to cooperate with other investigative
cooperate with other investigative agencies, agencies, or may fail to detect offenders. The
or occasionally unable to enforce its agency/entity may be partisan in its
judgments. application of power.
Conflict of interest regulations exist, but are Conflict of interest regulations do not exist, or
flawed. Some violations may not be are consistently ineffective.
enforced, or some officials may be exempt
from regulations.
A system of formal blacklists and cooling off There is no such system, or the system is
periods is in place, but the system has flaws. consistently ineffective in prohibiting future
Some procurements or companies may not hiring of blacklisted companies.
be affected by the system, or the prohibitions
are sometimes not effective.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
Records of public procurements are This information is not available to the public
available, but there are exceptions to this through an official process.
practice. Some information may not be
available, or some citizens may not be able
to access information.
Conflict of interest regulations exist, but are Conflict of interest regulations do not exist, or
flawed. Some violations may not be are consistently ineffective.
enforced, or some officials may be exempt
from the regulations.
Records take around two weeks to obtain. Records take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Records impose a financial burden on Retrieving records imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Records costs are
records may require a visit to a specific prohibitive to most citizens, journalists, or
office, such as a regional or national capital. CSOs trying to access this information.
This agency (or set of agencies) is typically This agency (or set of agencies) is commonly
independent, yet is sometimes influenced in influenced by political or personal incentives.
its work by negative or positive political This may include conflicting family
incentives. This may include public criticism relationships, professional partnerships, or
or praise by the government. The other personal loyalties. Negative incentives
ombudsman may not be provided with some may include threats, harassment or other
information needed to carry out its abuses of power. The ombudsman cannot
investigations. compel the government to reveal sensitive
information.
The director of the ombudsman (or directors The director of the ombudsman (or directors
of multiple agencies) serves a defined term, of multiple agencies) can be removed at the
but can in some cases be removed through a will of political leadership.
combination of official or unofficial pressure.
The ombudsman agency (or agencies) has The ombudsman agency (or agencies) has
limited staff that hinders its ability to fulfill its no staff, or a limited staff that is clearly
basic mandate. unqualified to fulfill its mandate.
Appointments are usually based on Appointments are often based on political
professional qualifications. Individuals considerations. Individuals appointed often
appointed may have clear party loyalties. have conflicts of interest due to personal
loyalties, family connections or other biases.
Individuals appointed often have clear party
loyalties.
The agency (or agencies) has a regular Funding source is unreliable. Funding may
source of funding, but may be pressured by be removed arbitrarily or as retaliation for
cuts, or threats of cuts to the agency budget. agency functions.
Political considerations have an effect on
agency funding.
The agency (or agencies) makes publicly The agency (or agencies) makes no reports
available reports to the legislature and/or of its activities, or makes reports that are
directly to the public that are sometimes consistently out of date, unavailable to the
delayed or incomplete. public, or insubstantial.
The agency will start or cooperate in The agency rarely investigates on its own or
investigations, but often relies on external cooperates in other agencies' investigations,
pressure to set priorities, or has limited or the agency is partisan in its application of
effectiveness when investigating. The this power.
agency, though limited in effectiveness, is still
fair in its application of power.
The agency enforces rules, but is limited in The agency does not effectively penalize
its effectiveness. The agency may be slow to offenders. The agency may make judgments
act, unwilling to take on politically powerful but not enforce them, does not cooperate
offenders, resistant to cooperating with other with other agencies in enforcing penalties, or
agencies, or occasionally unable to enforce may fail to make reasonable judgments
its judgments. against offenders. The agency may be
partisan in its application of power.
In most cases, ombudsman's reports are Ombudsman reports are often ignored, or
acted on, though some exceptions may occur given superficial attention. Ombudsman
for politicalally sensitive issues, or particularly reports do not lead to policy changes.
resistant agencies.
The agency (or agencies) acts on complaints The agency (or agencies) cannot resolve
quickly, with some exceptions. Some complaints quickly. Complaints may be
complaints may not be acknowledged, and unacknowledged for more than a month, and
simple issues may take more than two simple issues may take more than three
months to resolve. months to resolve. Serious abuses are not
investigated with any urgency.
Reports take around two weeks to obtain. Reports take more than a month to acquire.
Some delays may be experienced. In some cases, most records may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Reports impose a financial burden on Retrieving reports imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Reports costs are
reports may require a visit to a specific office, prohibitive to most citizens, journalists, or
such as a regional or national capital. CSOs trying to access this information.
The director of the agency serves a defined The director of the agency can be removed
term, but can in some cases be removed at the will of political leadership.
through a combination of official or unofficial
pressure.
The agency has limited staff that hinders it The agency has no staff, or a limited staff
ability to fulfill its basic mandate. that is clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, Funding source is unreliable. Funding may
but may be pressured by cuts, or threats of be removed arbitrarily or as retaliation for
cuts to the agency budget. Political agency actions.
considerations have an effect on agency
funding.
The agency makes no reports of its activities,
The agency makes publicly available reports or makes reports that are consistently out of
to the legislature and/or to the public directly date, unavailable to the public, or
that are sometimes delayed or incomplete. insubstantial.
In most cases, audit agency reports are Audit reports are often ignored, or given
acted on, though some exceptions may occur superficial attention. Audit reports do not lead
for politically sensitive issues, or particularly to policy changes.
resistant agencies.
The supreme audit institution can generally The supreme audit institution must rely on
decide what to investigate, and when, but is approval from the executive or legislature
subject to pressure from the executive or before initiating investigations. Politically
legislature on politically sensitive issues. sensitive investigations are almost impossible
to move forward on.
Reports take around two weeks to obtain. Reports take more than a month to acquire.
Some delays may be experienced. In some cases, most reports may be
available sooner, but there may be persistent
delays in obtaining politically sensitive
records.
Reports impose a financial burden on Retrieving reports imposes a major financial
citizens, journalists or CSOs. Retrieving burden on citizens. Report costs are
reports may require a visit to a specific office, prohibitive to most citizens, journalists, or
such as a regional or national capital. CSOs trying to access this information.
The agency has limited staff that hinders its The agency has no staff, or a limited staff
ability to fulfill its basic mandate. that is clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, Funding source is unreliable. Funding may
but may be pressured by cuts, or threats of be removed arbitrarily or as retaliation for
cuts to the agency budget. Political agency actions.
considerations have an effect on agency
funding.
Tax laws are generally enforced consistently, Tax law is unequally applied. Some groups of
but some exceptions exist. For example, citizens are consistently more or less likely to
some groups may occasionally evade tax evade tax law than others. Tax regulations
law. Some arbitrary and discriminatory tax are, as a rule, written to be discriminatory
rules exist. and/or arbitrary.
The agency has limited staff that hinders its The agency has no staff, or a limited staff
ability to fulfill its basic mandate. that is clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, Funding source is unreliable. Funding may
but may be pressured by cuts, or threats of be removed arbitrarily or as retaliation for
cuts to the agency budget. Political agency actions.
considerations have an effect on agency
funding.
Customs and excise laws are generally Customs and excise laws are unequally
enforced consistently, but some exceptions applied. Some groups of citizens are
exist. For example, some groups may consistently more or less likely to evade
occasionally evade customs requirements. customs and excise laws than others.
The agency or equivalent mechanism has The agency or equivalent mechanism has no
limited staff that hinders its ability to fulfill its staff, or a limited staff that is clearly
basic mandate. unqualified to fulfill its mandate.
The the agency or equivalent mechanism Funding source is unreliable. Funding may
has a regular source of funding, but may be be removed arbitrarily or as retaliation for
pressured by cuts, or threats of cuts to the agency functions.
agency budget. Political considerations have
an effect on agency funding.
The agency or equivalent mechanism starts The agency or equivalent mechanism does
investigations, but is limited in its not effectively investigate financial
effectiveness or in its cooperation with other irregularities or cooperate with other
investigative agencies. The agency may be investigative agencies. The agency may start
slow to act, unwilling to take on politically investigations but not complete them, or may
powerful offenders, or occasionally unable to fail to detect offenders. The agency may be
enforce its judgments. partisan in its application of power.
Licensing is required and takes around one Licensing takes more than three months for
month. Some groups may be delayed up to a most groups. Some groups may wait six
three months months to one year to get necessary
licenses.
Licenses are required, and impose a financial Licenses are required, and impose a major
burden on the organization. Licenses may financial burden on the organization.
require a visit to a specific office, such as a Licensing costs are prohibitive to the
regional or national capital. organization.
The director(s) can in some cases be The director(s) can be removed at the will of
removed through a combination of official or political leadership.
unofficial pressure.
The agency (or agencies) has limited staff, or The agency (or agencies) has no staff, or a
staff without necessary qualifications to fulfill limited staff, that is clearly unqualified to fulfill
its basic mandate. its mandate.
The agency (or agencies) has a regular The agency's funding sources are unreliable.
source of funding, but may be pressured by Funding may be removed arbitrarily or as
cuts, or threats of cuts to the agency budget. retaliation for agency actions.
Political considerations have an effect on
agency funding.
The agency (or agencies) makes publicly The agency (or agencies) makes no reports
available reports to the legislature that are of its activities, or makes reports that are
sometimes delayed or incomplete. consistently out of date, unavailable to the
public, or insubstantial.
The agency (or agencies) has most of the The agency (or agencies) lacks significant
powers needed to carry out its mandate with powers which limit its effectiveness.
some exceptions.
The agency (or agencies) starts The agency (or agencies) does not
investigations, but is limited in its effectively investigate or does not cooperate
effectiveness or is reluctant to cooperate with with other investigative agencies. The
other investigative agencies. The agency (or agency (or agencies) may start investigations
agencies) may be slow to act, unwilling to but not complete them, or may fail to detect
take on politically powerful offenders, or offenders. The agency (or agencies) may be
occasionally unable to enforce its judgments. partisan in its application of power.
The agency (or agencies) acts on complaints The agency (or agencies) cannot resolve
quickly, with some exceptions. Some complaints quickly. Complaints may be
complaints may not be acknowledged, and unacknowledged for more than a month, and
simple issues may take more than two simple issues may take more than three
months to resolve. months to resolve. Serious abuses are not
investigated with any urgency.
Appeals are generally acted upon quickly but Most appeals are not resolved in a timely
with some exceptions. Some appeals may fashion. Appeals may go unacknowledged
not be acknowledged, and simple cases may for months or years and simple cases may
take years to resolve. never be resolved.
In some cases, the appeals mechanism is The prohibitive cost of utilizing the appeals
not an affordable option to middle class mechanism prevents middle class citizens
citizens seeking to challenge criminal from challenging criminal judgments.
judgments.
Judgments in the criminal system usually Judgments in the criminal system are often
follow the protocols of written law. There are decided by factors other than written law.
sometimes exceptions when political Bribery and corruption in the criminal judicial
concerns, corruption or other flaws in the process are common elements affecting
system decide outcomes. decisions.
Judicial decisions are generally enforced by Judicial decisions are often ignored. The
the state, with some exceptions. Certain state lacks the will or capacity to consistently
areas of law may be ignored, or certain enforce these decisions.
parties appearing before the courts may
evade or delay enforcement.
National level judges are typically National level judges are commonly
independent, yet are sometimes influenced in influenced by politics and personal biases or
their judgments by negative or positive incentives. This may include conflicting family
political incentives. This may include relationships, professional partnerships, or
favorable or unfavorable treatment by the other personal loyalties. Negative incentives
government or public criticism. Some judges may include demotion, pay cuts, relocation,
may be demoted or relocated in retaliation for threats or harassment.
unfavorable decisions.
Judicial decisions are generally not affected Judicial decisions are regularly distorted by
by racial or ethnic bias, with some racial or ethnic bias. Some groups
exceptions. Some groups may be consistently receive favorable or unfavorable
occasionally discriminated against, or some treatment by the courts.
groups may occasionally receive favorable
treatment.
Women generally have use of the judicial Women generally have less access to the
system, with some exceptions. In some courts than men. Court decisions are
cases, women may be limited in their access commonly distorted by gender bias. Women
to courts, or gender biases may affect court may have to go through intermediaries to
outcomes. For this indicator, discrimination interact with the court, or are unable to
against women should reflect specific biases present evidence. For this indicator,
that confront women in the justice system as discrimination against women should reflect
opposed to difficulties resulting from broader specific biases that confront women in the
socio-economic disadvantages or justice system as opposed to difficulties
discrimination against women. resulting from broader socio-economic
disadvantages or discrimination against
women.
The agency (or agencies) has limited budget, The agency (or agencies) has no budget or
generally considered somewhat insufficient to an obviously insufficient budget that hinders
fulfill its basic mandate. the agency's ability to fulfill its mandate.
The agency (or agencies) is typically The investigative and enforcement work of
independent, yet is sometimes influenced in the agency (or agencies) is commonly
its investigations or enforcement actions by influenced by political actors or the
negative or positive political incentives. This government. These may include conflicting
may include favorable or unfavorable public family relationships, professional
criticism by the government or other forms of partnerships, or other personal loyalties.
influence. The agency (or agencies) may not Negative incentives may include threats,
be provided with some information needed to harassment or other abuses of power by the
carry out its investigations. government.
The agency/entity starts investigations, but is The agency/entity does not effectively
limited in its effectiveness or is reluctant to investigate or does not cooperate with other
cooperate with other investigative agencies. investigative agencies. The agency may start
The agency/entity may be slow to act, investigations but not complete them, or may
unwilling to take on politically powerful fail to detect offenders. The agency may be
offenders, or occasionally unable to enforce partisan in its application of power.
its judgments.
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Code Instruction to lead SS
IN LAW 1 Identify and describe the name(s) and section(s) of the applicable
law(s), statute(s), regulation(s), or constitutional provision(s).
Provide a web link to the source(s) if available.
IN LAW 2
Identify and describe the name(s) of the institution(s), agency (or
agencies), government entity (or entities), or mechanism(s) by
name. Also identify the law(s), statute(s), regulation(s), or
constitutional provision(s) that created the institution(s), entity (or
entities), or mechanism(s). Provide a web link to the source(s) if
available.
IN PRACTICE Identify two or more of the following sources to support your score
(two sources of the same type are sufficient, provided they are both
identified separately in the same text box):
Note to PODI: Ultimately, only the contents of the respective text boxes will be
published as final lead social scientist "references." The social
scientist "instructions" described above are for the lead researcher
only in scoring the indicators and need not be published.
Technical Notes for PODI
Instruction should be followed by an empty text box for the lead SS to
input source. SS should not be allowed to proceed to the next indicator
until the text box is filled in. However, a "come back later" option
should be available to skip indicators such that when the researcher
logs in again and/or is at the top-level menu, he/she sees the remaining
indicators to be completed.
Instruction should be followed by an empty text box for the lead SS to
input source. SS should not be allowed to proceed to the next indicator
until the text box is filled in. However, a "come back later" option should
be available to skip indicators such that when the researcher logs in
again and/or is at the top-level menu, he/she sees the remaining
indicators to be completed.
One or more of the choices must be selected and filled in (both the
bubbles and the text boxes) by the lead SS in order to procede to the
next indicator. However, a "come back later" option should be available
to skip indicators such that when the researcher logs in again and/or is
at the top-level menu, he/she sees the remaining indicators to be
completed.
bubble before instruction followed by empty text box after instruction
YES
2b In practice, anti-corruption/good
governance CSOs actively engage in the
political and policymaking process.
2c In practice, no anti-corruption/good A YES score is earned is there were no CSOs shut
governance CSOs have been shut down down by the government or forced to cease
by the government for their work on operations because of their work on corruption-
corruption-related issues during the study related issues during the study period.
period.
3b In practice, in the past year, no civil society A YES score is earned if there were no documented
activists working on corruption issues have cases of CSO activists covering corruption being
been physically harmed. assaulted in the specific study period. A YES score
can be earned if there was an attack but it was
clearly unrelated to the activist's work.
3c In practice, in the past year, no civil society A YES score is earned if there were no documented
activists working on corruption issues have cases of CSO activists being killed related to a
been killed. corruption case in the specific study period.
I-2 Media
5 Are media and free speech protected?
5a In law, freedom of the media is A YES score is earned if freedom of the press is
guaranteed. guaranteed in law, including all political parties,
religions, and ideologies.
6b In law, where a media license is A YES score is earned if there is, in law or in
necessary, there is an appeal mechanism accompanying regulations, a formal process to
if a license is denied or revoked. appeal a denied media license. A YES score is also
earned if no license is necessary.
6c In practice, where necessary, citizens can
obtain a media license within a reasonable
time period.
6d In practice, where necessary, citizens can
obtain a media license at a reasonable
cost.
9b In practice, in the past year, no journalists A YES score is earned if there were no documented
investigating corruption have been cases of journalists being assaulted during the
physically harmed. specific study period for their work covering
corruption issues.
9c In practice, in the past year, no journalists A YES score is earned if there were no documented
investigating corruption have been killed. cases of journalists being killed because of their
work covering corruption-related issues during the
study period.
II Elections
II-1 Voting & Citizen Participation
12 Is there a legal framework guaranteeing
the right to vote?
12a In law, universal and equal adult suffrage A YES score is earned if the right to vote is
is guaranteed to all citizens. guaranteed to all citizens of that country. A YES
score can still be earned if voting procedures are, in
practice, inconvenient or unfair.
12b In law, there is a legal framework requiring A YES score is earned if there is a statutory or other
that elections be held at regular intervals. framework enshrined in law that mandates elections
at reasonable intervals.
13 Can all citizens exercise their right to vote?
14b In law, all citizens have a right to run for A YES score is earned if all citizens (citizen is
political office. defined broadly, to include all ethnicities, or anyone
born in the country) have the right under law to run
for political office. A YES score may still be earned if
Individuals with a history of violence, terrorism, or
criminality are banned from running for office.
17b In law, election results can be contested A YES score is earned if citizens or political parties
through the judicial system. can challenge allegedly fraudulent election results
through the courts or other judicial mechanisms.
17e In law, domestic and international election A YES score is earned if domestic and international
observers are allowed to monitor elections. election observers are allowed to monitor the
electoral process.
18c In law, there are limits on corporate A YES score is earned if there are any limits,
donations to candidates and political regardless of size, on corporate contributions to
parties. political candidates and political parties. A YES
score is earned if contributions are prohibited.
18d In law, there are limits on total political A YES score is earned if there are any limits,
party expenditures. regardless of size, on political party expenditures. A
YES score is earned if all party expenditures are
prohibited.
18e In law, there are requirements for A YES score is earned if there are any requirements
disclosure of donations to political mandating the disclosure of financial contributions to
candidates and parties. political parties or candidates.
18f In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the finances of regulatory requirement for independent auditing of
political parties and candidates. candidate and party finances. The auditing is
performed by an impartial third-party.
19 Are the regulations governing political
financing effective?
19a In practice, the limits on individual
donations to candidates and political
parties are effective in regulating an
individual's ability to financially support a
candidate or political party.
23b In law, ministerial-level officials can be A YES score is earned if ministerial-level officials, or
prosecuted for crimes they commit. their equivalents, can all be investigated, charged or
prosecuted for criminal allegations.
24d In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the executive regulatory requirement for independent auditing of
branch asset disclosure forms (defined executive branch asset disclosures. The auditing is
here as ministers and heads of state and performed by an impartial third-party.
government).
24e In law, there are restrictions on heads of A YES score is earned if there are regulations
state and government and ministers restricting the ability of heads of state/government
entering the private sector after leaving the and ministers to take positions in the private sector
government. after leaving government that would present a
conflict of interest, including positions that directly
seek to influence their former government
colleagues.
27c In law, are members of the national A YES score is earned if all members of the
legislature subject to criminal legislature can, in law, be investigated and
proceedings? prosecuted for criminal allegations.
28 Are there regulations governing conflicts of
interest by members of the national
legislature?
28a In law, members of the national legislature A YES score is earned if all members of the
are required to file an asset disclosure legislature are required by law to file an asset
form. disclosure form while in office, illustrating sources of
income, stock holdings, and other assets. This form
does not need to be publicly available to score a
YES.
28b In law, there are restrictions for national A YES score is earned if there are regulations
legislators entering the private sector after restricting national legislators' ability to take positions
leaving the government. in the private sector after leaving government that
would present a conflict of interest, including
positions that directly seek to influence their former
government colleagues.
28c In law, there are regulations governing A YES score is earned if there are formal guidelines
gifts and hospitality offered to members of regulating gifts and hospitality for members of the
the national legislature. legislature.
28d In law, there are requirements for the A YES score is earned if there is a legal or
independent auditing of the asset regulatory requirement for independent auditing of
disclosure forms of members of the legislative branch asset disclosures. The auditing is
national legislature. performed by an impartial third-party.
28e In practice, the regulations restricting post-
government private sector employment for
national legislators are effective.
31c In law, there is a confirmation process for A YES score is earned if there is a formal process
national-level judges (i.e. conducted by the establishing a review of national-level judicial
legislature or an independent body). nominees by an agency independent from the body
appointing the judges.
32c In law, there is an ombudsman (or A YES score is earned if there is a ombudsman or
equivalent agency or mechanism) for the equivalent mechanism for the judicial system. A
national-level judicial system. judicial ombudsman is defined here as an agency or
mechanism specifically mandated to investigate
breaches of procedure, abuses of power or other
failures of the judiciary.
32d In law, the judicial ombudsman (or A YES score is earned if there are formal rules
equivalent agency or mechanism) is establishing that the judicial ombudsman is
protected from political interference. operationally independent from political interference
by the executive, legislative or judicial branches.
IV-3 Procurement
43 Is the public procurement process
effective?
43a In law, there are regulations addressing A YES score is earned if there are specific formal
conflicts of interest for public procurement regulations defining and regulating conflicts of
officials. interest between official public duty and private gain
for public procurement officials.
43b In law, there is mandatory professional A YES score is earned if public procurement officials
training for public procurement officials. receive regular mandatory training to ensure
professional standards in supervising the tendering
process.
43c In practice, the conflicts of interest
regulations for public procurement officials
are enforced.
43d In law, there is a mechanism that monitors A YES score is earned if there is a formal mandate
the assets, incomes and spending habits to some agency to monitor the assets, incomes and
of public procurement officials. spending habits of public procurement officials, such
as an inspector general, or ombudsman.
43e In law, major procurements require A YES score is earned if all major procurements
competitive bidding. (defined as those greater than 0.5% of GDP) require
competitive bidding.
43f In law, strict formal requirements limit the A YES score is earned if sole sourcing is limited to
extent of sole sourcing. specific, tightly defined conditions, such as when a
supplier is the only source of a skill or technology.
43g In law, unsuccessful bidders can instigate A YES score is earned if there is a formal appeal
an official review of procurement process for unsuccessful bidders.
decisions.
43h In law, unsuccessful bidders can challenge A YES score is earned if unsuccessful bidders can
procurement decisions in a court of law. use the courts to appeal a procurement decision.
43i In law, companies guilty of major violations A YES score is earned if there are formal
of procurement regulations (i.e. bribery) procurement blacklists, preventing convicted
are prohibited from participating in future companies from doing business with the
procurement bids. government.
44b In law, the government is required to A YES score is earned if the government is required
publicly announce the results of to publicly post or announce the results of the public
procurement decisions. procurement process. This can be done through
major media outlets or on a publicly-accessible
government register or log.
44c In practice, citizens can access public
procurement regulations within a
reasonable time period.
IV-4 Privatization
45 Is the privatization process effective?
45a In law, all businesses are eligible to A YES score is earned if all businesses are equally
compete for privatized state assets. eligible to compete for privatized assets. A YES
score is still earned if the government did not
privatize any state-owned assets during the study
period.
45b In law, there are regulations addressing A YES score is earned if there are formal regulations
conflicts of interest for government officials defining and regulating conflicts of interest for
involved in privatization. government officials involved in privatization.
46b In law, the government is required to A YES score is earned if the government is required
publicly announce the results of to publicly post or announce the results of the
privatization decisions. privatization process. This can be done through
major media outlets or on a publicy-accessible
government register or log.
46c In practice, citizens can access the terms
and conditions of privatization bids within a
reasonable time period.
56 In law, is there a national customs and A YES score is earned if there is an agency formally
excise agency? mandated to collect excises and inspect customs.
64i In law, conspiracy to commit a crime (i.e. A YES score is earned if organized crime is illegal.
organized crime) is illegal.
VI-2 Anti-Corruption Agency
65 In law, is there an agency (or group of A YES score is earned if an agency is specifically
agencies) with a legal mandate to address mandated to address corruption. A YES score is
corruption? earned if there are several agencies or entities with
specific roles in fighting corruption, including special
prosecutorial entities.
66 Is the anti-corruption agency effective?
66a In law, the agency (or agencies) is A YES score is earned only if the agency (or
protected from political interference. agencies) has some formal organizational or
operational independence from the government. A
YES score is earned even if the agency/agencies is
legally separate but in practice staffed by partisans.
71c In law, there is a transparent and objective A YES score is earned if there is an objective system
system for distributing cases to national- that is transparent to the public that equitably or
level judges. randomly assigns cases to individual judges. The
executive branch does not control this process.
71d In law, national-level judges are protected A YES score is earned if there are specific, formal
from removal without relevant justification. rules for removal of a justice. Removal must be
related to abuse of power or other offenses related
to job performance.
75e In law, law enforcement officials are not A YES score is earned if law enforcement officers
immune from criminal proceedings. are fully accountable for their actions under the law
and can be investigated and prosecuted for their
actions.
75f In practice, law enforcement officials are
not immune from criminal proceedings.
Coding NO Coding 100
CSOs focused on promoting good governance or Other than pro-government groups, CSOs
anti-corruption must go through formal steps to focused on promoting good governance or anti-
form, requiring interaction with the state such as corruption are effectively prohibited, either by
licenses or registration. Formation is possible, official requirements or by unofficial means, such
though there is some burden on the CSO. Some as intimidation or fear.
unofficial barriers, such as harassment of
minority groups, may occur.
Formation of media groups is possible, though Media groups are effectively prohibited, either by
there is some burden on the media group official requirements or by unofficial means, such
including overly complicated registration or as intimidation or fear. Division of broadcast
licensing requirements. Some unofficial barriers, bandwidth is widely viewed to be used as a
such as harassment of minority groups, may political tool.
occur. Division of broadcast bandwidth is widely
viewed to be somewhat unfair.
Licensing is required and takes more than two Licensing takes close to or more than one year
months. Some groups may be delayed up to six for most groups.
months.
Licenses are required, and impose a financial Licenses are required, and impose a major
burden on the organization. Licenses may financial burden on the organization. Licensing
require a visit to a specific office, such as a costs are prohibitive to the organization.
regional or national capital.
The government, its proxies, or media The government, its proxies, or media
ownership/distribution groups make some ownership/distribution groups actively use illegal
attempts to restrict media coverage of corruption- methods to restrict reporting of corruption-related
related issues through unofficial means, such as issues. This may include harassment, arrests,
restricting access by disfavored media outlets, or and threats. Journalists and publishers take a
other short-term consequences. Violent reprisals personal risk to report on corruption, and media
against media outlets are rare. outlets who commonly report on corruption face
long-term consequences or violent reprisals.
The government prevents publication of The government regularly censors material prior
controversial corruption-related material in cases to publication, especially politically sensitive or
where there is a strong political incentive to damaging corruption-related material.
suppress the information. In countries where
illiteracy is higher, the government may allow a
free print press but censor broadcast media.
Editors and journalists at the major media outlets Editors and journalists are widely known to "sell"
generally avoid altering coverage in exchange for favorable or unfavorable coverage in exchange
favors but some exceptions have been noted. for money, gifts, or other remuneration. The
Not all newsrooms abide by a formal journalistic major media outlets do not abide by any formal
code of conduct. journalistic code of conduct.
Major popular media outlets have a persistent The mass media, on balance, have clear
bias regarding some parties or independent preferences in election outcomes and coverage
candidates. Some major parties may be partially is driven to achieve these goals. Some major
excluded from media coverage, or draw more parties or independent candidates are excluded
negative coverage. Media sectors may have or consistently negatively portrayed by mass
distinct biases, such as newspapers favoring one media. Dissenting political opinions are only
party, while radio favors another. found on fringe or elite media outlets, such as
Web sites.
The government generally ensures equal access The government uses state-owned media to
and fair treatment of all candidates and parties routinely discriminate against opposition
by state-owned media outlets but some candidates and parties. Advertising space may
exceptions exist. State-owned media may be denied to opposition candidates and parties
occasionally discriminate against particular or higher rates may be charged.
parties or candidates and advertising rates may
be confusing or non-transparent.
Records take around one to two months to Records take more than four months to acquire.
obtain. Some additional delays may be In some cases, most records may be available
experienced. Politically-sensitive information sooner, but there may be persistent delays in
may be withheld without sufficient justification. obtaining politically sensitive records. National
security exemptions may be abused to avoid
disclosure of government information.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
The agency/entity acts on appeals quickly but The agency/entity does not resolve appeals in a
with some exceptions. Some appeals may not be timely fashion quickly. Appeals may be
acknowledged, and simple issues may take more unacknowledged for many months and simple
than two months to resolve. issues may take more than three months to
resolve.
In some cases, the appeals mechanism is not an The prohibitive cost of utilizing the access to
affordable option to middle class citizens seeking information appeals mechanism prevents middle
to challenge an access to information class citizens from challenging access to
determination. information determinations.
The government usually discloses reasons for The government does not regularly give reasons
denying an information request to the requestor, for denying an information request to the
with some exceptions. The reasons may be requestor.
vague or difficult to obtain.
Voting is often open to all citizens regardless of Voting is not available to some demographics
race, gender, prior political affiliations, physical through some form of official or unofficial
disability, or other traditional barriers, with some pressure. Voting may be too dangerous,
exceptions. expensive, or difficult for many people.
Ballots are secret, or there is a functional Ballot preferences are not secret. Ballots are
equivalent protection, in most cases. Some routinely tampered with during transport and
exceptions to this practice have occurred. counting.
Ballots may be subject to tampering during
transport or counting.
Elections are normally held according to a Elections are called arbitrarily by the
regular schedule, but there have been recent government. There is no functioning schedule or
exceptions. The formal process for calling a new deadline for new elections.
election may be flawed or abused.
Some barriers to formation are present, such as Some political parties are effectively barred from
burdensome registration requirements that may forming through some manner of official or
not be fairly applied. Some parties' political unofficial pressure. This may include threats,
viewpoints may draw pressure from the arrest, or violence from competing parties or
government, such as surveillance or intimidation. other groups.
Some political parties or organizations may have
extra barriers to getting on a ballot.
Some barriers exist to getting on the ballot and Citizens can effectively be barred from the ballot
bureaucratic or regulatory requirements for doing through government abuse of official rules and/or
do may be unfairly applied. The costs of running unofficial pressure. The costs of running a
a political campaign are significant and result in campaign are extremely high and result in most
dissuading some candidates from running for average citizens being unable to run an effective
office. campaign for office.
The opposition party has influence on the The opposition party has only token participation
proceeding of the legislature, but it is limited in in the legislature's proceedings and cannot
scope. The opposition's ability to force votes or advance legislation or force a debate.
publicly debate certain topics may be limited.
Appointments are usually based on professional Appointments are often based on political
qualifications. However, individuals appointed considerations. Individuals appointed often have
may have clear party loyalties. conflicts of interest due to personal loyalties,
family connections or other biases. Individuals
appointed often have clear party loyalties.
The agency or set of agencies/entities has The agency or set of agencies/entities has no
limited staff, or staff without necessary staff, or such a limited staff that is clearly
qualifications to fulfill its basic mandate. unqualified to fulfill its mandate.
Reports are released, but may be delayed, The agency or set of agencies/entities makes no
difficult to access, or otherwise limited. public reports, issues reports which are
effectively secret, or issues reports of no value.
The agency or set of agencies/entities enforces The agency or set of agencies/entities does not
rules, but is limited in its effectiveness. The effectively penalize offenders and/or cooperate
agency may be slow to act, unwilling to take on with other agencies in penalizing offenders. The
politically powerful offenders, reluctant to agency may make judgments but not enforce
cooperate with other agencies, or occasionally them, or may fail to make reasonable judgments
unable to enforce its judgments. against offenders. The agency may be partisan
in its application of power.
There is a transparent voter registration system The system of voter registration is incomplete or
that provides voters with sufficient time to does not exist. Government may routinely falsify
understand their rights, check the accuracy of registration lists to affect voting patterns and limit
their registration, and ensure that errors are access to the polls. Double voting and "ghost"
corrected before they vote but there are some voting by non-existent voters is common.
problems. Voters may have not access to
registration lists with sufficient time to correct
errors before voting or registration lists may at
times be inaccessible.
The electoral appeals mechanism takes The electoral appeals mechanism rarely or never
complaints from both candidates and voters but acts on complaints brought by candidates or
may not always act on complaints promptly. The citizens. Citizens may not be able to bring
appeals mechanism may be abused at times by complaints related to denial of suffrage or voter
parties or candidates seeking to delay the registration errors.
announcement of electoral results.
The military, military officers, and security forces The military or other security forces are an active
may be known to unofficially support or oppose and explicit player in politics and overly support
particular candidates or parties. The military or or oppose particular candidates or parties. The
security forces generally refrain from the use of military or security forces routinely exercise the
force to support or oppose particular candidates use of force to support or oppose parties or
or parties but there are exceptions. candidates.
Election observers generally have access to Election observers' movements are significantly
polling sites, counting stations, and voters but limited by the government and many polling and
encounter restrictions in certain areas. The counting sites are restricted or barred from
government may impose burdensome regulatory observers. The government imposes so many
or bureaucratic requirements on observers to bureaucratic or regulatory burdens on the
discourage their involvement. observers that their mission is rendered
ineffective.
Existing limits generally represent the full extent Existing limits are routinely bypassed or willfully
to which an individual can directly or indirectly ignored. The vast majority of individual
financially support a candidate or political party. contributions to a candidate or political party are
However, exceptions and loopholes exist through made outside of the formal limitation system.
which individuals can indirectly support There is no enforcement of violations. Limits
candidates or political parties above and beyond are so high that they are meaningless in the
those formal limitations. Such loopholes could context of the overall costs of running a
include making donations to third-party groups campaign.
that advocate on behalf of (or against) a
particular candidate or party; unregulated loans
to candidates or parties (rather than direct
donations); or in-kind support that is not explicitly
regulated by laws or regulations. The limits may
be too high in the context of the overall costs of
running a campaign.
Existing limits generally represent the full extent Existing limits are routinely bypassed or willfully
to which a company can directly or indirectly ignored. The majority of corporate contributions
financially support a candidate or political party. to a candidate or political party are made outside
However, exceptions and loopholes exist through of the formal limitation system. There is no
which companies can indirectly support enforcement of violations. Limits are so high that
candidates or political parties above and beyond they are meaningless in the context of the overall
those formal limitations. Such loopholes could costs of running a campaign.
include making to donations to third-party groups
that advocate on behalf of (or against) a
particular candidate or party; unregulated loans
to candidates or parties (rather than direct
donations); or in-kind support that is not explicitly
regulated by laws or regulations. The limits may
be too high in the context of the overall costs of
running a campaign.
Existing limits generally represent the full extent Existing limits are routinely bypassed or willfully
to which a political party can finance its activities. ignored. The majority of expenditures are made
However, exceptions and loopholes exist outside of the formal limitation system. Limits
through which parties can generate revenue or are so high that they are meaningless in the
finance their activities beyond the scope of context of the overall costs of running a party.
existing regulations. Such loopholes could
include taking loans that are outside of the scope
of regulations covering direct donations; links to
revenue-generating business activities that are
beyond the scope of electoral or campaign-
related regulations; or accepting in-kind support
that is not explicitly regulated by laws or
regulations. The limits may be too high in the
context of the overall costs of running a party
The agency or entity will start investigations, but The agency or entity rarely investigates on its
often relies on external pressure to set priorities, own, or the agency or entity is partisan in its
or has limited effectiveness when investigating. application of this power.
The agency, thought limited in effectiveness, is
still fair in its application of power.
The agency or entity enforces rules, but is limited The agency or entity does not effectively
in its effectiveness. The agency or entity may be penalize offenders. The agency or entity may
slow to act, unwilling to take on politically make judgments but not enforce them, or may
powerful offenders, or occasionally unable to fail to make reasonable judgments against
enforce its judgments. offenders. The agency or entity may be partisan
in its application of power.
Political party and candidate finances (as Party and candidate finances are not audited, or
defined) are audited, but audits are limited in the audits performed have no value in tracking
some way, such as using inadequate auditing contributions. Audits may be performed by
standards, or the presence of exceptions to entities known to be partisan or biased in their
disclosed contributions. Contributions to the practices.
political party or candidate may be sufficiently
audited, but the auditing of nominally
independent extensions of the party may not be.
Political parties and candidates disclose their Political parties and candidates never publish
sources of funding and expenditures only one or their sources of funding or expenditures or
two times per year. Delays may occur when publish that information only rarely with more
sensitive political information is involved. than a year in between publication. Politically
sensitive information is regular withheld from
public disclosure.
Records take two to four weeks to obtain. Some Records take more than a month to acquire.
delays may be experienced. There may be persistent delays in obtaining
politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
The chief executive and/or cabinet ministers give The chief executive and/or cabinet ministers do
explanations of policy, but not always in a timely not give substantial justifications for policy.
or complete way. The chief executive Public appearances by the chief executive offer
occasionally takes critical questions from no exposure to critical questions. The
journalists or an opposition party, but not in a government and government-run media routinely
regular or formalized process. Particular issues sensor such sessions.
of political sensitivity may be censored by
government broadcasters.
The judiciary will review executive actions, but is The judiciary does not effectively review
limited in its effectiveness. The judiciary may be executive policy. The judiciary may make
slow to act, unwilling to take on politically judgments but not enforce them, or may fail to
sensitive issues, or occasionally unable to pass judgments on executive abuses. The
enforce its judgments. judiciary may be partisan in its application of
power. It must rely on instructions from the
executive in order to initiate a legal or
constitutional review.
The chief executive sometimes relies on The chief executive routinely abuses executive
executive orders to implement policies and orders to render the legislature practically
regulations opposed by the legislature. Some useless. Executive orders are the norm, not the
executive orders are overly broad in scope and exception, and directly contravene constitutional
are designed to circumvent constitutional or legal or legal requirements for legislative action or
requirements for legislative action or approval. approval.
The regulations are generally enforced though The regulations are rarely or never enforced.
some exceptions exist. In certain sectors, heads Heads of state/government or ministers routinely
of state/government or ministers are known to take jobs in the private sector following
regularly take jobs in the private sector that entail government employment that involve direct
directly lobbying or seeking to influence their lobbying or influencing of former government
former government colleagues. Cooling off colleagues. Cooling off periods are non-existent
periods are short and sometimes ignored. or never enforced.
The regulations governing gifts and hospitality to The regulations governing gifts and hospitality to
members of the executive branch are generally members of the executive branch are routinely
applied though exceptions exist. Some ministers ignored and unenforced. Ministers and other
in certain sectors are known to accept greater members of the executive branch routinely
amounts of gifts and hospitality from outside accept significant amounts of gifts and hospitality
interest groups or private sector actors than is from outside interest groups and actors seeking
allowed. to influence their decisions.
Executive branch asset disclosures are audited, Executive branch asset disclosures are not
but audits are limited in some way, such as using audited, or the audits performed have no value in
inadequate auditing standards, or the presence tracking contributions. Audits may be performed
of exceptions to disclosed assets. by entities known to be partisan or biased in their
practices.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
additional delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
The ruling party is, in principal, separate from the The government is an extension of the ruling
state, but exceptions to this standard sometimes party. There are few boundaries between
occur. Examples may be use of civil servants to government and party activities. Government
organize political rallies, use of government funds, equipment and personnel are regularly
vehicles on campaign trips, or use of government used to support party activities.
funds for party purposes.
The judiciary will review laws passed, but is The judiciary does not effectively review laws
limited in its effectiveness. The judiciary may be passed. The judiciary may make judgments but
slow to act, unwilling to take on politically not enforce them, or may fail to pass judgments
sensitive issues, or occasionally unable to on executive abuses. The judiciary may be
enforce its judgments. partisan in its application of power.
The regulations are generally enforced though The regulations are rarely or never enforced.
some exceptions exist. In certain sectors, Legislators routinely take jobs in the private
legislators are known to regularly take jobs in the sector following government employment that
private sector that entail directly lobbying or involve direct lobbying or influencing of former
seeking to influence their former government government colleagues. Cooling off periods are
colleagues. Cooling off periods are short and non-existent or never enforced.
sometimes ignored.
The regulations governing gifts and hospitality to The regulations governing gifts and hospitality to
national legislators are generally applied though national legislators are routinely ignored and
exceptions exist. Some legislators in certain unenforced. Legislators routinely accept
sectors are known to accept greater amounts of significant amounts of gifts and hospitality from
gifts and hospitality from outside interest groups outside interest groups and actors seeking to
or private sector actors than is allowed. influence their decisions.
Legislative branch asset disclosures are audited, Legislative branch asset disclosures are not
but audits are limited in some way, such as using audited, or the audits performed have no value in
inadequate auditing standards, or the presence tracking contributions. Audits may be performed
of exceptions to disclosed assets. by entities known to be partisan or biased in their
practices.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
Most national-level judges selected meet these National-level judges are often unqualified due to
qualifications, with some exceptions. lack of training or experience.
Judges are compelled to give substantial Judges commonly issue decisions without formal
reasons for their decisions, but some exceptions explanations.
exist. These may include special courts, such as
military courts or tribunals.
The ombudsman will start or cooperate in The ombudsman rarely investigates on its own or
investigations, but often relies on external cooperates in other agencies' investigations, or
pressure to set priorities, or has limited the ombudsman is partisan in its application of
effectiveness when investigating. The this power.
ombudsman, thought limited in effectiveness, is
still fair in its application of power.
The ombudsman enforces rules, but is limited in The ombudsman does not effectively penalize
its effectiveness. The ombudsman may be slow offenders. The ombudsman may make
to act, unwilling to take on politically powerful judgments but not enforce them, does not
offenders, resistant to cooperating with other cooperate with other agencies in enforcing
agencies, or occasionally unable to enforce its penalties, or may fail to make reasonable
judgments. judgments against offenders. The ombudsman
may be partisan in its application of power.
Most significant government expenditures (as The legislature does not have the power to
defined) are approved by the legislature, but approve or disapprove large portions of the
some exceptions to this rule exist. This may government budget, or the legislature does not
include defense programs, an executive's exercise this power in a meaningful way.
personal budget, or other expenses.
Legislators have some staff and financial Legislators have little to no staff and virtually no
resources but are limited by a shortfall of financial resources with which to perform their
resources to adequately perform all of their budgetary oversight role. Lack of resources is a
budgetary oversight functions. Legislators are regular and systemic problem that cripples the
occasionally overwhelmed by the volume of work performance of the legislature.
to be performed.
There is a formal, transparent process for budget Budget negotiations are effectively closed to the
debate, but major budget modifications may be public. There may be a formal, transparent
negotiated in separate, closed sessions. Some process, but most real discussion and debate
items, such as non-secret defense projects, may happens in other, closed settings.
be negotiated in closed sessions. Authors of
individual line items may be difficult to identify.
Citizens or CSOs can provide input, but this Citizens or CSOs have no formal access to
information is often not relevant to budget provide input to the budget debate.
decisions.
Citizens, journalists and CSOs can access Citizens cannot access an itemized list of budget
itemized lists of budget allocations but this allocations, due to secrecy, prohibitive barriers or
information may be difficult to access, incomplete government inefficiency.
or out of date.
The committee starts investigations, but is limited The committee does not effectively investigate
in its effectiveness. The committee may be slow financial irregularities. The committee may start
to act, unwilling to take on politically powerful investigations but not complete them, or may fail
offenders, or occasionally unable to enforce its to detect offenders. The committee may be
judgments. partisan in its application of power.
Civil servants are typically independent, yet are Civil servants are commonly influenced by
sometimes influenced in their judgments by political or personal matters. This may include
negative or positive political or personal conflicting family relationships, professional
incentives. This may include favorable or partnerships, or other personal loyalties.
unfavorable treatment by superiors, public Negative incentives may include threats,
criticism or praise by the government, or other harassment or other abuses of power. Civil
forms of influence. Civil servants may bring a servants are unable to find a remedy in the
case to the judicial system challenging politically- courts for unjustified or politically-motivated
motivated firings but the case may encounter firings.
delays or bureaucratic hurdles.
Appointments and professional assessments are Appointments and professional assessments are
usually based on professional qualifications. often based on political considerations.
Individuals appointed may have clear party Individuals appointed often have conflicts of
loyalties, however. interest due to personal loyalties, family
connections or other biases. Individuals
appointed often have clear party loyalties.
Nepotism, cronyism, and patronage are Nepotism, cronyism, and patronage are
discouraged, but exceptions exist. Political commonly accepted principles in hiring, firing and
leaders or senior officials sometimes appoint promotions of civil servants.
family member or friends to favorable positions in
the civil service, or lend other favorable
treatment.
Civil servants often have formal job descriptions, Civil servants do not have formal roles or job
but exceptions exist. Some civil servants may not descriptions. If they do, such job descriptions
be part of the formal assignment of duties and have little or nothing to do with the position's
compensations. Some job descriptions may not responsibilities, authority, or pay.
map clearly to pay or responsibilities in some
cases.
Civil servant bonuses are generally a small Most civil servants receive bonuses that
percentage of total take-home pay for most civil represent a significant amount of total take-home
servants though exceptions exist where some pay. In some cases bonuses represent the
civil servants' bonuses represent a significant majority of total pay to civil servants.
part of total pay.
The government publishes such a list but it is The government rarely or never publishes such a
often delayed or incomplete. There may be list, or when it does it is wholly incomplete.
multiple years in between each successive
publication.
The independent civil service redress The civil service redress mechanism must rely on
mechanism can generally decide what to approval from the executive or the bodies that
investigate and when but is sometimes subject to manage civil servants on a day-to-day basis
pressure from the executive or the bodies that before initiating investigations. Politically
manage civil servants on a day-to-day basis on sensitive investigations are almost impossible to
politically sensitive issues. move forward on.
In the past year, some civil servants have been In the past year, civil servants have frequently
paid late. been denied due pay.
A system of formal blacklists and cooling off There is no such system, or the system is
periods is in place, but the system has flaws. consistently ineffective in prohibiting future
Some civil servants may not be affected by the employment of convicted civil servants.
system, or the prohibitions are sometimes not
effective.
The regulations are generally enforced though The regulations are rarely or never enforced.
some exceptions exist. In certain sectors, civil Civil servants routinely take jobs in the private
servants are known to regularly take jobs in the sector following government employment that
private sector that entail directly lobbying or involve direct lobbying or influencing of former
seeking to influence their former government government colleagues. Cooling off periods are
colleagues. Cooling off periods are short and non-existent or never enforced.
sometimes ignored.
The regulations governing gifts and hospitality to The regulations governing gifts and hospitality to
civil servants are generally applied though the civil service are routinely ignored and
exceptions exist. Some civil servants in certain unenforced. Civil servants routinely accept
sectors are known to accept greater amounts of significant amounts of gifts and hospitality from
gifts and hospitality from outside interest groups outside interest groups and actors seeking to
or private sector actors than is allowed. influence their decisions.
The requirements that civil servants recuse Most civil servants routinely ignore recusal
themselves from policy decisions where their requirements and continue to participate in policy
personal interests are affected are followed by decisions where their personal interests are
most civil servants though exceptions exist. In affected.
certain sectors, civil servants are known to
routinely participate in policy decisions where
their personal interests are affected.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
Public sector whistleblowers are sometimes able Public sector whistleblowers often face
to come forward without negative consequences, substantial negative consequences, such as
but in other cases, whistleblowers are punished losing a job, relocating to a less prominent
for disclosing, either through official or unofficial position, or some form of harassment.
means.
Private sector whistleblowers are sometimes Private sector whistleblowers often face
able to come forward without negative substantial negative consequences, such as
consequences, but in other cases, losing a job, relocating to a less prominent
whistleblowers are punished for disclosing, either position, or some form of harassment.
through official or unofficial means.
The agency/entity has limited staff, a fact that The agency/entity has no staff, or a limited staff
hinders its ability to fulfill its basic mandate. that is clearly unqualified to fulfill its mandate.
The agency/entity has a regular source of Funding source is unreliable. Funding may be
funding but may be pressured by cuts, or threats removed arbitrarily or as retaliation for agency
of cuts to the agency budget. Political actions.
considerations have an effect on agency funding.
The agency/entity acts on complaints quickly, The agency/entity cannot resolve complaints
with some exceptions. Some complaints may not quickly. Complaints may be unacknowledged for
be acknowledged, and simple issues may take more than a month, and simple issues may take
more than two months to resolve. more than three months to resolve. Serious
abuses are not investigated with any urgency.
The agency/entity starts investigations, but is The agency/entity does not effectively
limited in its effectiveness. The agency/entity investigate. The agency/entity may start
may be slow to act, unwilling to take on politically investigations but not complete them, may refuse
powerful offenders, reluctant to cooperate with to cooperate with other investigative agencies, or
other investigative agencies, or occasionally may fail to detect offenders. The agency/entity
unable to enforce its judgments. may be partisan in its application of power.
Conflict of interest regulations exist, but are Conflict of interest regulations do not exist, or are
flawed. Some violations may not be enforced, or consistently ineffective.
some officials may be exempt from regulations.
A system of formal blacklists and cooling off There is no such system, or the system is
periods is in place, but the system has flaws. consistently ineffective in prohibiting future hiring
Some procurements or companies may not be of blacklisted companies.
affected by the system, or the prohibitions are
sometimes not effective.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
There is a formal process of advertisement but it There is no formal process of advertising major
is flawed. Some major procurements may not be public procurements or the process is superficial
advertised, or the advertising process may not and ineffective.
be effective.
Records of public procurements are available, This information is not available to the public
but there are exceptions to this practice. Some through an official process.
information may not be available, or some
citizens may not be able to access information.
Conflict of interest regulations exist, but are Conflict of interest regulations do not exist, or are
flawed. Some violations may not be enforced, or consistently ineffective.
some officials may be exempt from the
regulations.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
This agency (or set of agencies) is typically This agency (or set of agencies) is commonly
independent, yet is sometimes influenced in its influenced by political or personal incentives.
work by negative or positive political incentives. This may include conflicting family relationships,
This may include public criticism or praise by the professional partnerships, or other personal
government. The ombudsman may not be loyalties. Negative incentives may include
provided with some information needed to carry threats, harassment or other abuses of power.
out its investigations. The ombudsman cannot compel the government
to reveal sensitive information.
The director of the ombudsman (or directors of The director of the ombudsman (or directors of
multiple agencies) serves a defined term, but can multiple agencies) can be removed at the will of
in some cases be removed through a political leadership.
combination of official or unofficial pressure.
The ombudsman agency (or agencies) has The ombudsman agency (or agencies) has no
limited staff that hinders its ability to fulfill its staff, or a limited staff that is clearly unqualified
basic mandate. to fulfill its mandate.
Appointments are usually based on professional Appointments are often based on political
qualifications. Individuals appointed may have considerations. Individuals appointed often have
clear party loyalties. conflicts of interest due to personal loyalties,
family connections or other biases. Individuals
appointed often have clear party loyalties.
The agency (or agencies) has a regular source Funding source is unreliable. Funding may be
of funding, but may be pressured by cuts, or removed arbitrarily or as retaliation for agency
threats of cuts to the agency budget. Political functions.
considerations have an effect on agency funding.
The agency (or agencies) makes publicly The agency (or agencies) makes no reports of its
available reports to the legislature and/or directly activities, or makes reports that are consistently
to the public that are sometimes delayed or out of date, unavailable to the public, or
incomplete. insubstantial.
The agency will start or cooperate in The agency rarely investigates on its own or
investigations, but often relies on external cooperates in other agencies' investigations, or
pressure to set priorities, or has limited the agency is partisan in its application of this
effectiveness when investigating. The agency, power.
though limited in effectiveness, is still fair in its
application of power.
The agency enforces rules, but is limited in its The agency does not effectively penalize
effectiveness. The agency may be slow to act, offenders. The agency may make judgments but
unwilling to take on politically powerful offenders, not enforce them, does not cooperate with other
resistant to cooperating with other agencies, or agencies in enforcing penalties, or may fail to
occasionally unable to enforce its judgments. make reasonable judgments against offenders.
The agency may be partisan in its application of
power.
In most cases, ombudsman's reports are acted Ombudsman reports are often ignored, or given
on, though some exceptions may occur for superficial attention. Ombudsman reports do not
politicalally sensitive issues, or particularly lead to policy changes.
resistant agencies.
The agency (or agencies) acts on complaints The agency (or agencies) cannot resolve
quickly, with some exceptions. Some complaints complaints quickly. Complaints may be
may not be acknowledged, and simple issues unacknowledged for more than a month, and
may take more than two months to resolve. simple issues may take more than three months
to resolve. Serious abuses are not investigated
with any urgency.
Reports take around two weeks to obtain. Some Reports take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Reports impose a financial burden on citizens, Retrieving reports imposes a major financial
journalists or CSOs. Retrieving reports may burden on citizens. Reports costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
The director of the agency serves a defined term, The director of the agency can be removed at
but can in some cases be removed through a the will of political leadership.
combination of official or unofficial pressure.
The agency has limited staff that hinders it ability The agency has no staff, or a limited staff that is
to fulfill its basic mandate. clearly unqualified to fulfill its mandate.
Appointments are usually based on professional Appointments are often based on political
qualifications. Individuals appointed may have considerations. Individuals appointed often have
clear party loyalties. conflicts of interest due to personal loyalties,
family connections or other biases. Individuals
appointed often have clear party loyalties.
The agency has a regular source of funding, but Funding source is unreliable. Funding may be
may be pressured by cuts, or threats of cuts to removed arbitrarily or as retaliation for agency
the agency budget. Political considerations have actions.
an effect on agency funding.
The agency makes no reports of its activities, or
The agency makes publicly available reports to makes reports that are consistently out of date,
the legislature and/or to the public directly that unavailable to the public, or insubstantial.
are sometimes delayed or incomplete.
In most cases, audit agency reports are acted Audit reports are often ignored, or given
on, though some exceptions may occur for superficial attention. Audit reports do not lead to
politically sensitive issues, or particularly policy changes.
resistant agencies.
The supreme audit institution can generally The supreme audit institution must rely on
decide what to investigate, and when, but is approval from the executive or legislature before
subject to pressure from the executive or initiating investigations. Politically sensitive
legislature on politically sensitive issues. investigations are almost impossible to move
forward on.
Reports take around two weeks to obtain. Some Reports take more than a month to acquire. In
delays may be experienced. some cases, most reports may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Reports impose a financial burden on citizens, Retrieving reports imposes a major financial
journalists or CSOs. Retrieving reports may burden on citizens. Report costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
The agency has limited staff that hinders its The agency has no staff, or a limited staff that is
ability to fulfill its basic mandate. clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, but Funding source is unreliable. Funding may be
may be pressured by cuts, or threats of cuts to removed arbitrarily or as retaliation for agency
the agency budget. Political considerations have actions.
an effect on agency funding.
Tax laws are generally enforced consistently, but Tax law is unequally applied. Some groups of
some exceptions exist. For example, some citizens are consistently more or less likely to
groups may occasionally evade tax law. Some evade tax law than others. Tax regulations are,
arbitrary and discriminatory tax rules exist. as a rule, written to be discriminatory and/or
arbitrary.
The agency has limited staff that hinders its The agency has no staff, or a limited staff that is
ability to fulfill its basic mandate. clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, but Funding source is unreliable. Funding may be
may be pressured by cuts, or threats of cuts to removed arbitrarily or as retaliation for agency
the agency budget. Political considerations have actions.
an effect on agency funding.
Customs and excise laws are generally enforced Customs and excise laws are unequally applied.
consistently, but some exceptions exist. For Some groups of citizens are consistently more or
example, some groups may occasionally evade less likely to evade customs and excise laws
customs requirements. than others.
The agency has limited staff that hinders its The agency has no staff, or a limited staff that is
ability to fulfill its basic mandate. clearly unqualified to fulfill its mandate.
The agency has a regular source of funding, but Funding source is unreliable. Funding may be
may be pressured by cuts, or threats of cuts to removed arbitrarily or as retaliation for agency
the agency budget. Political considerations have functions.
an effect on agency funding.
The agency starts investigations, but is limited in The agency does not effectively investigate
its effectiveness or in its cooperation with other financial irregularities or cooperate with other
investigative agencies. The agency may be slow investigative agencies. The agency may start
to act, unwilling to take on politically powerful investigations but not complete them, or may fail
offenders, or occasionally unable to enforce its to detect offenders. The agency may be partisan
judgments. in its application of power.
The agency enforces rules, but is limited in its The agency does not effectively penalize
effectiveness or reluctant to cooperate with other offenders or refuses to cooperate with other
agencies. The agency may be slow to act, agencies that enforce penalties. The agency may
unwilling to take on politically powerful offenders, make judgments but not enforce them, or may
or occasionally unable to enforce its judgments. fail to make reasonable judgments against
offenders. The agency may be partisan in its
application of power.
Publicly traded companies disclose financial Financial data is not available, or is consistently
data, but it is flawed. Some companies may superficial or otherwise of no value to investors.
misstate financial data, or file the information
behind schedule.
Financial records of public companies are Publicly traded companies are not audited, or the
regularly audited, but exceptions may exist. audits have no functional value. The auditors
Some companies may use flawed or deceptive may collude with the companies in providing
accounting procedures, or some companies may misleading or false information to the public.
be exempted from this requirement.
These records are available to all citizens, with These records are generally not available
some exceptions. through official processes.
Records take around two weeks to obtain. Some Records take more than a month to acquire. In
delays may be experienced. some cases, most records may be available
sooner, but there may be persistent delays in
obtaining politically sensitive records.
Records impose a financial burden on citizens, Retrieving records imposes a major financial
journalists or CSOs. Retrieving records may burden on citizens. Records costs are prohibitive
require a visit to a specific office, such as a to most citizens, journalists, or CSOs trying to
regional or national capital. access this information.
Licensing is required and takes around one Licensing takes more than three months for most
month. Some groups may be delayed up to a groups. Some groups may wait six months to
three months one year to get necessary licenses.
Licenses are required, and impose a financial Licenses are required, and impose a major
burden on the organization. Licenses may financial burden on the organization. Licensing
require a visit to a specific office, such as a costs are prohibitive to the organization.
regional or national capital.
Business inspections by the government (i.e. Business inspections (i.e. health, safety, or
health, safety, or environmental inspections) are environmental inspections) are routinely carried
generally carried out in an even-handed way out by the government in an ad hoc, arbitrary
though exceptions exist. Bribes are occasionally fashion designed to extract extra payments from
paid to extract favorable treatment or expedited businesses in exchange for favorable treatment.
processing.
This agency (or agencies) is typically This agency (or agencies) is commonly
independent, yet is sometimes influenced in its influenced by political or personal incentives.
work by negative or positive political incentives. These may include conflicting family
This may include favorable or unfavorable public relationships, professional partnerships, or other
criticism by the government, political personal loyalties. Negative incentives may
appointments, or other forms of influence. The include threats, harassment or other abuses of
agency (or agencies) may not be provided with power. The agency (or agencies) cannot compel
some information needed to carry out its the government to reveal sensitive information.
investigations.
The director(s) can in some cases be removed The director(s) can be removed at the will of
through a combination of official or unofficial political leadership.
pressure.
Appointments are usually based on professional Appointments are often based on political
qualifications. Individuals appointed may have considerations. Individuals appointed often have
clear party loyalties, however. conflicts of interest arising from personal
loyalties, family connections or other biases.
Individuals appointed often have clear party
loyalties.
The agency (or agencies) has limited staff, or The agency (or agencies) has no staff, or a
staff without necessary qualifications to fulfill its limited staff, that is clearly unqualified to fulfill its
basic mandate. mandate.
The agency (or agencies) has a regular source The agency's funding sources are unreliable.
of funding, but may be pressured by cuts, or Funding may be removed arbitrarily or as
threats of cuts to the agency budget. Political retaliation for agency actions.
considerations have an effect on agency funding.
The agency (or agencies) makes publicly The agency (or agencies) makes no reports of its
available reports to the legislature that are activities, or makes reports that are consistently
sometimes delayed or incomplete. out of date, unavailable to the public, or
insubstantial.
The agency (or agencies) has most of the The agency (or agencies) lacks significant
powers needed to carry out its mandate with powers which limit its effectiveness.
some exceptions.
The agency (or agencies) starts investigations, The agency (or agencies) does not effectively
but is limited in its effectiveness or is reluctant to investigate or does not cooperate with other
cooperate with other investigative agencies. The investigative agencies. The agency (or agencies)
agency (or agencies) may be slow to act, may start investigations but not complete them,
unwilling to take on politically powerful offenders, or may fail to detect offenders. The agency (or
or occasionally unable to enforce its judgments. agencies) may be partisan in its application of
power.
The agency (or agencies) acts on complaints The agency (or agencies) cannot resolve
quickly, with some exceptions. Some complaints complaints quickly. Complaints may be
may not be acknowledged, and simple issues unacknowledged for more than a month, and
may take more than two months to resolve. simple issues may take more than three months
to resolve. Serious abuses are not investigated
with any urgency.
Whistleblowers are sometimes able to come Whistleblowers often face substantial negative
forward without negative consequences, but in consequences, such as losing a job, relocating to
other cases, whistleblowers are punished for a less prominent position, or some form of
disclosing, either through official or unofficial harassment.
means.
Appeals are generally acted upon quickly but Most appeals are not resolved in a timely
with some exceptions. Some appeals may not be fashion. Appeals may go unacknowledged for
acknowledged, and simple cases may take years months or years and simple cases may never be
to resolve. resolved.
In some cases, the appeals mechanism is not an The prohibitive cost of utilizing the appeals
affordable option to middle class citizens seeking mechanism prevents middle class citizens from
to challenge criminal judgments. challenging criminal judgments.
Judgments in the criminal system usually follow Judgments in the criminal system are often
the protocols of written law. There are sometimes decided by factors other than written law.
exceptions when political concerns, corruption or Bribery and corruption in the criminal judicial
other flaws in the system decide outcomes. process are common elements affecting
decisions.
Judicial decisions are generally enforced by the Judicial decisions are often ignored. The state
state, with some exceptions. Certain areas of law lacks the will or capacity to consistently enforce
may be ignored, or certain parties appearing these decisions.
before the courts may evade or delay
enforcement.
National level judges are typically independent, National level judges are commonly influenced
yet are sometimes influenced in their judgments by politics and personal biases or incentives.
by negative or positive political incentives. This This may include conflicting family relationships,
may include favorable or unfavorable treatment professional partnerships, or other personal
by the government or public criticism. Some loyalties. Negative incentives may include
judges may be demoted or relocated in demotion, pay cuts, relocation, threats or
retaliation for unfavorable decisions. harassment.
Judicial decisions are generally not affected by Judicial decisions are regularly distorted by racial
racial or ethnic bias, with some exceptions. or ethnic bias. Some groups consistently receive
Some groups may be occasionally discriminated favorable or unfavorable treatment by the courts.
against, or some groups may occasionally
receive favorable treatment.
Women generally have use of the judicial Women generally have less access to the courts
system, with some exceptions. In some cases, than men. Court decisions are commonly
women may be limited in their access to courts, distorted by gender bias. Women may have to
or gender biases may affect court outcomes. go through intermediaries to interact with the
court, or are unable to present evidence.
State-provided legal aid is available, but flawed. State-provided legal aid is unavailable to most
Legal aid may be unavailable to some indigent indigent defendants. State legal aid/public
defendants. Legal aid/public defenders may be defenders may be consistently incompetent or
sometimes unable or unwilling to competently unwilling to fairly represent all defendants.
represent all defendants.
In some cases, the legal system is an affordable The cost of engaging the legal system prevents
option to middle class citizens seeking to redress middle class citizens from filing suits.
a grievance. In other cases, the cost is
prohibitive.
In some cases, the legal system is an affordable The cost of engaging the legal system prevents
option to a small retail business seeking to small businesses from filing suits.
redress a grievance. In other cases, the cost is
prohibitive.
Courts are available to most citizens. Some Courts are unavailable to some regions without
citizens may be unable to reach a courtroom at significant travel on the part of citizens.
low cost due to location.
Appointments are usually based on professional Appointments are often based on political
qualifications. Individuals appointed may have considerations. Individuals appointed often have
clear party loyalties, however. conflicts of interest due to personal loyalties,
family connections or other biases. Individuals
appointed often have clear party loyalties.
The agency (or agencies) has limited budget, The agency (or agencies) has no budget or an
generally considered somewhat insufficient to obviously insufficient budget that hinders the
fulfill its basic mandate. agency's ability to fulfill its mandate.
The agency (or agencies) is typically The investigative and enforcement work of the
independent, yet is sometimes influenced in its agency (or agencies) is commonly influenced by
investigations or enforcement actions by political actors or the government. These may
negative or positive political incentives. This may include conflicting family relationships,
include favorable or unfavorable public criticism professional partnerships, or other personal
by the government or other forms of influence. loyalties. Negative incentives may include
The agency (or agencies) may not be provided threats, harassment or other abuses of power by
with some information needed to carry out its the government.
investigations.
The agency/entity starts investigations, but is The agency/entity does not effectively investigate
limited in its effectiveness or is reluctant to or does not cooperate with other investigative
cooperate with other investigative agencies. The agencies. The agency may start investigations
agency/entity may be slow to act, unwilling to but not complete them, or may fail to detect
take on politically powerful offenders, or offenders. The agency may be partisan in its
occasionally unable to enforce its judgments. application of power.
Law enforcement is generally subject to criminal Law enforcement enjoys a general protection
investigation but exceptions may exist where from most criminal investigation. This may be
criminal actions are overlooked by the police or due to a formal immunity or an informal
prosecutors. Some crimes may be exempt from understanding that the law enforcement
prosecution, such as actions taken in the line of community protects itself.
duty.