Corruption laws not effectively

implemented in Guyana – US State

Dept. Report

Although the laws of Guyana provides for criminal penalties for corruption by officials, Government however, did not implement these effectively. This was one of the major concerns which were highlighted in the US Human Rights Report which was recently released by the State Department.
Corruption, according to the Report, remained a widespread public perception involving officials at all levels, including the police and the judiciary. Even the World Bank’s Worldwide Governance Indicators have assessed that Government corruption was a serious problem.
Even though under the Constitution, there’s the Office of the Auditor General, Public Procurement Commission (PPC), and the Integrity Commission which all have mandated roles in the area of government transparency and accountability, two are yet to be established.
According to the Report, the Office of the Auditor General scrutinizes the expenditure of public funds on behalf of Parliament and conducts financial audits of all publicly funded entities, including donor-funded entities, local government agencies, and trade unions, and reports to the National Assembly.
It notes however, that the work and effectiveness of the Audit Office remained limited, since Government may or may not act on the discrepancies noted in its reports.  Moreover, the Constitution has called for the establishment of a PPC to monitor public procurement and ensure that authorities conduct the procurement of goods and services in a fair, transparent, competitive, and cost-effective manner.
There has been significant public criticism of the present system’s ineffectiveness in awarding Government contracts in an equitable and transparent manner. Under pressure from Opposition parties in Parliament, the Government promised to establish the PPC by June 2012; however, it has not done so to date.
The Report stressed that there is no law which provides protection for public or private employees who make internal disclosures of evidence of illegality or corrupt practices in corporate governance.
Financial Disclosure
Public officials are subject to financial disclosure laws and are required to submit information about personal assets to the Integrity Commission, but there is no clear indication when the Commission will actually be functional. In June 2012 the National Assembly approved a Government motion that members submit annual declarations in keeping with provisions of the Integrity Act, but compliance was uneven, and the Commission had no resources for enforcement or investigations.
The Act sets out both criminal and administrative sanctions for nondisclosure. If a person fails to file a declaration, the fact can be published in the daily newspapers and the official Gazette. Failure to comply with the law can lead to a summary conviction, fines, and imprisonment for six to 12 months. If property was not disclosed as it should have been, the magistrate convicting the defendant must order the defendant to make a full disclosure within a set time. There was no such publication or convictions during the year, the Report noted.
Public Access to Information:
A 2011 Access to Information Act, intended to promote transparency and accountability within the Government and public institutions, provided for persons to secure access to information under the control of public authorities and for the appointment of a commissioner of information. As of October, the Government had not issued implementing regulations nor appointed a commissioner.