Project Description

The Government of Chile has undertaken measures to combat corruption and to enhance transparency in public administration through legislative and administrative measures.

The most important measures adopted on this matter are as follows, as submitted by the Government of Chile:

We should first note that 2014 saw the implementation of Act No. 20.730 governing lobbying and approaches to authorities and officials to promote private Interests. As a result, the relevant implementing regulations were enacted in Supreme Decree No. 71 of 9 June 2014 of the Ministry, General Secretariat of the Presidency.  In addition, implementation of this Act involved the creation by this Ministry of the Code of Good Practices for Lobbyists.  This Code was drafted in pursuance of international recommendations and in the light of shared experience, and is designed to encourage compliance with best ethical standards for lobbying.

On the subject of probity, on 15 March 2015 the President of the Republic issued the presidential instruction entitled “Good practices concerning the disclosure of assets and interests”, which requires all authorities and a number of administration officials to disclose their assets and interests, including a wider range of information than is currently required by law.

In addition, Supreme Decree No. 2 of 2015 of the Ministry, General Secretariat of the Presidency created the Presidential Advisory Council on Conflicts of Interest, Trafficking of Interest and Corruption.  This Council issued a report containing numerous proposals to improve the arrangements concerning probity and elimination of conflicts of interest, which will be implemented during the Government’s term of office. Although the recommendations are non-binding, they have already begun to be adopted through administrative measures, draft legislation and indications of projects in the pipeline.

On Monday, 11 May 2015, the President of the Republic unveiled the Government’s Probity Agenda.  It contains a number of administrative and legislative measures, most of which have already been implemented.

The administrative measures adopted under the Probity Agenda include:

Publication of the list of registered lobbyists, which is posted on the web site www.leylobby.gob.cl

Development of a system to prevent money laundering and corruption in the public services, which was implemented by circular No. 20 of the Ministry of Finance, containing general instructions on the subject.

A request to OECD to conduct a study to evaluate the implementation of Act No. 20.393 on the criminal liability of legal persons. The study was requested in a memorandum from the Ministry of Finance dated 14 May 2015.

Promotion of a Plan of Civic Training for Teachers, targeting teachers in public educational establishments.

Submission to the National Education of new curricula incorporating civic education for the third and fourth secondary school classes.  In addition, a bill was published in bulletin No. 10.043-04 which would create a Civic Training Plan for educational establishments recognized by the State.  The bill is currently in the initial phase of constitutional consideration in the Chamber of Deputies.

Provision of guidelines to all municipalities on the correct use of their resources. This was done through Circular No. 63 of the Ministry of the Interior dated 14 May 2015, dealing with issues including budget preparation, budgetary control, budget reports and active transparency.

Mandatory use of the “Public sector employment” portal of the National Civil Service Directorate. This measure was implemented by memorandum No. 1.320 of 15 May 2015 of the Ministry of finance, with the aim of guaranteeing access to public sector employment without discrimination of any kind.

Distribution of a list of disqualifying criteria for election, in order to inform the public. This list was prepared and distributed by the Electoral Service on its web site www.sevel.cl.

A request to the Office of the Controller General of the Republic to draft general guidelines on the formulation of Codes of Ethics for the various public services.

The administrative measures adopted under the  Probity Agenda include:

Draft legislation preventing and punishing conflicts of interest and amending the rules on disqualification to hold public office (bulletin No, 10.140-07, submitted to the Senate on 25 June 2015.

Draft legislation on the enhancement and transparency of democracy (bulletin No. 9.790-7), submitted to the Chamber of Deputies, with amendments thereto submitted on 20 May 2015.

Submission to the Chamber of Deputies of the proposed constitutional reform granting autonomy to the Electoral Service (bulletin No. 10.055-07 dated 19 May 2015).

Submission of draft legislation enhancing the public and democratic nature of the political parties and facilitating their modernization (bulletin No. 10.154-07)

Submission of draft legislation enhancing the system of Senior Public Management and strengthening the National Civil Service Directorate (bulletin No. 164-05).