CHAPTER THREE: DEMOCRACY AND POLITICAL GOVERNANCE
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denunciation of, and the fight against, practices resulting in corruption and
financial crime within the administration.
308.
The ASCE. This new structure integrates the functions of the General Finance
Inspectorate (IGF), the HACLC and some of the functions of the CNLF. The
aims of the new structure are: to control all public services of the state, local
governments and public institutions of any national body vested with a public
service mission; to ensure observance of laws and regulations that govern the
administrative, financial and accounting operation; to study the quality of
operations and management services; to propose any measures that would
enhance the quality of public administration; to monitor the implementation of
the recommendations of the control structures; to set in motion the actions of
justice; to ensure the monitoring of the implementation of national policies to
combat fraud and corruption; and to coordinate actions within this framework.
Its objective is to streamline the supervisory bodies and strengthen their
authority and their powers of action.
309.
Parliament. Article 84 of the constitution enshrines the power of control of
governmental action by Parliament. The latter may, for this purpose, establish
a commission of inquiry on the conditions specified in the Rules of Procedure
of the National Assembly. It must be recognised that the government has the
means of extinguishing the parliamentary action, since, according to the
provisions of Article 136 of the Rules of Procedure of the National Assembly,
as long as the minister of justice is in the process of opening a criminal
investigation into any case or matter for which a commission of inquiry should
be established, or has already been established, the creation process is
considered completed if it is under way and, if the commission has already
been established, it is dissolved immediately.
310.
Finally, it should be noted that the High Court of Justice, as the competent
jurisdiction to hear any wrongdoing committed by political officials in the
exercise of their duties, has remained inactive so far because it is not effective
in this respect.
Civil society
311.
The structures of civil society comprise either specialised agencies established
to fight corruption, such as RENLAC, or occasional intervention structures,
such as movements of the Association of Human Rights, or trade unions and
the media. Established in 1997, RENLAC brings together some 30 CSOs. Its
main objective is to work towards the entrenchment of good morality and
transparency in the management of affairs.
Efficiency in the fight against corruption
312.
According to the HACLC, between 1993 and 2003 the IGF handled 76 cases,
and the IGE handled 26 cases. Both institutions have provided the HACLC
with the raw material. Thus, the latter dealt with 102 cases. The HACLC
selected 40 relevant files, but only 10 were stigmatised in its report (so states a
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