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NewsWhore
07-17-2009, 04:40 PM
Manuel Quiterio Cedeno, writing in today's El Caribe, says that despite claims by government officials that no legislation exists that prohibits government officials from employing their relatives and friends in their departments or doing business for profit taking advantage of their posts, this is not the case. He says that there are articles in the Constitution, the Penal Code, laws and international conventions approved by the country that include principles and judicial items that refer to these issues.
Art. 102 of the Constitution says: "There will be penalties that the Law established, all who for his personal profit extracts public funds or taking advantage of his position within government departments or autonomous institutions obtains economic gain. There will be penalties also for persons who have provided advantages to their associates, family members, friends or related persons." And Art. 100 consecrates equality of persons who before the law and thus no one can take advantage based on privileges.
He also says that the Code of Ethics of Public Servants prohibits: "Utilizing the position to gain advantages, benefits or privileges not allowed by the Law, in a direct or indirect manner, for a family member or another person, business or entity".
The Ruling of the Law of Civil Service and Administrative Career prohibits government officials in Art 130: "To participate in official activities in which the government employee is judge and part at the same time. To participate in official activities in which the officer has any economic interest, company ownership or political interest, that in some way contradicts with duality of attributions, rights and interests."
He also points out that prevarication is discussed in Art. 166 of the Penal Code and describes this as a crime committed by a public servant in the exercise of his functions and establishes the penalty of civic degradation.
He also says that Congress ratified the Inter-American Convention Against Corruption in March 1996, and the United Nations Convention against Corruption in October 2006.
Cedeno says that this information was compiled when in September 2007 the Environment Commission of the Chamber of Deputies circulated a document when some actions by then Minister of Tourism Felix Jimenez were being questioned.

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