Wilfredo Ramirez writes for El Diario:
“SAFCO” law: there is spread corruption and extortion
The law of administration and Control Government “SAFCO” as of July 20, 1990, was full of good intentions, was created to protect the resources and assets of the State against theft, fraud, embezzlement and aimed any public servant, whatever his hierarchy (Presidency, Vice-Presidency of the Republic, ministries, armed forces, national police, universities, departmental governments, municipalities sub-alcaldias, etc.) must answer for the emerging results of the performance of their duties, assigned to his Office, duties and powers are Executive, administrative, civil or criminal, yielding documented and transparent account of the destination and handling of public resources which they were committed, for example: donations, loans, waivers, grants, legacies, etc.
In terms of the donations received by the multinational Government, if it prevails the reason and the rule of law, donations must enter necessarily the General Treasury of the nation for its proper control, even if their destination is to comply with the political slogan “Bolivia changes, Evo meet,” because it’s money earmarked for the Bolivian people to meet the needs of regional communities (municipalities sub-alcaldias, etc.). And by investing in works, should merit the corresponding authorization of the Legislative Assembly, because we understand that it is within their competence to do to their respective control and oversight by the Office of the Comptroller-General.
Of breaking the public server with the rule of law, the political Constitution of the State prescribes in its article 112: “offences committed by public servants that threaten the State and cause serious economic damage are imprescriptible and are not supported by a regime of immunity”.
INEFFECTIVE “SAFCO” LAW
In practice the law “SAFCO” as any posterior internal control system, is ineffective, by its opposite effect to the provisions contained in this rule (with exceptions), for its inopportune and untimely intervention, becoming the best instrument that can be manipulated and docile to perpetuate corruption. And it is that it leads to arbitrary management, to the institutions of the State administrative and economic profligacy, its low effectiveness in monitoring and control of the goods and services of the State entity.
It is there, in the institutions of the State, where burst, where corruption and extortion are born and spread, “Siamese Sisters of immorality”, that undermine the foundations of the economic, political and social stability of the country.
Article 14 of the law “SAFCO” says: “It is forbidden the exercise of prior checks by the heads of internal audit”, etc. We believe that it was a mistake the Suppression of “beforehand”, because in the past the pursuant was able to at least mitigate the avalanche of negotiated deals and the assault on the tax coffers through contracts, contracts, tenders, procurement of goods and services and a range of unethical behaviors that harm the national economy.
PROVISIONS WHICH ENTERED THE AUDIT
Article 15 of the law “SAFCO” says: “the unit of internal audit will depend on the maximum executive authority of the institution”, etc. Article 53 says: “the audit reports involving the Chief Executive of the public entities and the liability rulings pronounced by the Comptroller General of the Republic must be sent to the relevant committees of the H. Congress”, etc.
Of the foregoing provisions, it may be inferred it restricts the activity of the internal auditor in the institutions of the State, by doing so are dependent on the Executive of the company, because it is difficult to learn, observe, represent or denounce acts of corruption against executives at the institution, with the risk to be removed from Office, although the Comptroller Act protect it. The question then arises: who hangs the bell to the cat?
Interesting questions raised by this article, current government must think twice before continuing its volatile and electoral disbursements…