ENSENADA, BC .- Corruption
costs the country around 33 billion dollars annually,
according to
Transparencia Mexicana, which is
equal to the cost of constructing three dams..."Therefore
it is important to actively legislate on this issue. In
the case of Baja California, we are proposing a State
Law against the Corruption of Public Officials,"
commented local MP Agathon Claudia Muñiz.
Data
from non-governmental organizations internationally
recognized that 7.1 percent of the Baja Californians
(a very conservative estimate) give "mordida"
to cut red tape to obtain services or avoid sanctions.
However, Baja ranks 19 among the most corrupt institutions.
In first place is the Federal District (Mexico City)
, followed by the State of Mexico, Guerrero, Oaxaca
and then Hidalgo.
Muñiz stated that the goal of the initiative
is to strengthen democracy, encourage productive investment,
combat organized crime and restore public confidence
in Mexico's ruling officials.
Toward this end, the popular representative of the
Labor Party proposed the creation of a special prosecutor
in the State Attorney General's Office to oversee a
Citizens Against Corruption Council, which, in turn,
would monitor the actions of the various governments.
He said currently the crime in its various manifestations,
is strengthened through the behavior of disreputable
public officials and it is obviously one of the tools
used by criminals to achieve their goals of impunity,
traffic influence and to obtain information.
"Hence the legitimate concern of policing the
increasingly close links between corruption and the
proceeds of organized crime, which undermine and threaten
the commercial and financial activities of our society
at all levels."
Agathon Claudia reported that this initiative would
focus on a specific breach of conduct, contrary to good
public service, established by the Law of Responsibilities
of Public Servants of the State of Baja California.
Also targeted are offenses against public service established
in the Penal Code of the State, as well as infractions
committed by public servants responsible for the administration
of justice, which are framed in the Law of Judicial
Power of Baja California.
"We do not intend to replace normal standards.
This initiative relates only to acts involving deliberate
corruption, not administrative errors or mistakes caused
of negligence. Hence, the penalties will be high regardless
of the economic slope of the crime and in all cases
where proof of the commission of corruption exists,
without distinction of size of the damage to the public
purse or the running of the institution involved. "
It is because existing legislation allows those who
commit acts of corruption to be punished with small
fines, administrative actions or short periods of suspension
from public office, that there has been so dramatic
growth to criminal acts within public institutions.
The deputy said that this initiative provides for anonymous
reporting through the City Council against Corruption,
which, having reviewed the complaints, supporting evidence,
accuracy and reliability of the case, may file a formal
complaint to the Special Prosecutor or to the relevant
organ of state or municipal control.
The new legislation proposed by Agathon Muñiz
establishes, in addition, mechanisms for greater transparency
of public agencies, trusts and trustees.
"In addition to embezzlement, we will punish those
who engage in bribery, illicit enrichment, extortion
(charging extra money for a procedure), influence and
information peddling and other crimes against the public,"
he concluded.
The State Law Initiative Against Corruption of Public
Officials appeared before the Congress of State last
March and is currently pending committee discussion
and subsequent vote.