Supreme Decree No. 044-2018-PCM

El Peruano / Thursday, April 26, 2018 LEGAL NORMS 5

Supreme Decree approving the National Integrity and Anti-Corruption Plan 2018-2021

supreme decree no. 044-2018-PCM

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That Policies 24 and 26 of the National Agreement, signed on July 22, 2002, establish as State Policies the affirmation of an efficient and transparent State, and the promotion of transparency and the eradication of corruption in all its forms, respectively, corresponding to the State to affirm ethical principles and social values as well as citizen oversight, transparency, and accountability to guarantee the institutional framework of our country; likewise, constituting an essential element of these policies is the banishment of impunity, abuse of power, corruption, and violation of rights;

That the High-Level Anti-Corruption Commission (CAN), created by Law No. 29976, has as its objective to articulate efforts, coordinate actions, and propose short, medium, and long-term policies aimed at preventing and combating corruption in the country; and it is composed of the heads of the main public entities, the private sector, and civil society linked to the fight against corruption and the promotion of integrity;

That, according to numeral 2 of article 3 of its creation law and article 3 subsection b) of its Regulations, approved by Supreme Decree No. 089-2012-PCM, the High-Level Anti-Corruption Commission has among its functions to propose to the Executive Branch the National Anti-Corruption Plan every four (4) years;

That, article 6 of Supreme Decree No. 092-2017-PCM, which approves the National Policy on Integrity and the Fight against Corruption, establishes that the High-Level Anti-Corruption Commission develops the National Integrity and Anti-Corruption Plan, with periodic updates every four (4) years, for the implementation of the objectives and guidelines provided for in the National Policy. Likewise, the Second Final Complementary Provision of the aforementioned norm charges the High-Level Anti-Corruption Commission with elaborating a proposal for the Plan for its subsequent presentation to the Executive Branch;

That, the validity period of the National Anti-Corruption Plan 2012-2016, approved by Supreme Decree No. 119-2012-PCM, ended in December 2016, therefore, the General Coordination of the CAN as a result of a participatory process—in which representatives of the member entities of the CAN and various public, private, and civil society entities have intervened—has elaborated a proposal for the National Integrity and Anti-Corruption Plan 2018-2021 that not only takes as a starting point the provisions contained in the International Conventions on the fight against corruption of which Peru is a bound party, but also embraces the recommendations formulated in the Report of the Presidential Commission on Integrity and in the OECD Study on Integrity in Peru;

That, by agreement adopted in the Thirty-First Session of the CAN, held on April 16, 2018, the full and observer members of the CAN unanimously approved the proposal for the National Integrity and Anti-Corruption Plan 2018-2021, charging the General Coordination of the CAN to carry out the necessary actions for the submission of the proposal to the Executive Branch and the issuance of the respective approving supreme decree;

That, article 26 of Law No. 27783, Law of Bases of Decentralization, establishes as an exclusive competence of the National Government the design of national and sectoral policies; in the same sense, article 4 of Law No. 29158, Organic Law of the Executive Branch, provides that the Executive Branch has the exclusive competence to design and supervise national policies, which are mandatory for all State Entities at all levels of government;

That, in this context, it is necessary to approve the National Integrity and Anti-Corruption Plan 2018-2021, in order to have an instrument that establishes the prioritized actions to be undertaken on this matter to prevent and combat corruption, and promote public integrity, within the framework of the National Policy on Integrity and the Fight against Corruption;

That, considering that the Presidency of the Council of Ministers has absorbed the functions of the General Coordination of the High-Level Anti-Corruption Commission in order to strengthen the implementation of the Policy on Integrity and the Fight against Corruption, it corresponds that any reference to the General Coordination in the National Integrity and Anti-Corruption Plan 2018-2021 be attributed to the Public Integrity Secretariat of the Presidency of the Council of Ministers;

In accordance with subsection 8) of article 118 of the Political Constitution of Peru; articles 4 and 11 subsection 3 of Law No. 29158, Organic Law of the Executive Branch;

DECREES:

Article 1.- Approval
The National Integrity and Anti-Corruption Plan 2018-2021 is approved, which as an Annex forms an integral part of this Supreme Decree.

Article 2.- Execution and Compliance
The highest authorities of the public entities responsible in the National Integrity and Anti-Corruption Plan 2018-2021 will adopt, within the scope of their competencies, the necessary measures for its execution and will ensure its compliance, ensuring that actions and expenses are included in their Operational Plans and Institutional Budgets.

Article 3.- Financing
The implementation and compliance of the National Integrity and Anti-Corruption Plan 2018-2021 will be financed from the institutional budget of the involved public entities and within the framework of the Annual Budget Laws.

Article 4.- Follow-up, Monitoring, and Evaluation
The High-Level Anti-Corruption Commission through the Public Integrity Secretariat of the Presidency of the Council of Ministers is responsible for carrying out the follow-up, monitoring, and evaluation of the National Integrity and Anti-Corruption Plan 2018-2021.

The State entities that fall under the scope of this norm have the duty and obligation to carry out the follow-up, monitoring, and evaluation of the actions established that, according to the National Plan, are within the framework of their competencies.

Article 5.- Publication
This Supreme Decree and its Annex are published in the Official Newspaper El Peruano, on the Portal of the Presidency of the Council of Ministers (http://www.pcm.gob.pe/), and on the Institutional Portal of the High-Level Anti-Corruption Commission (http://can.pcm.gob.pe/).

Article 6.- Counter-signature
This Supreme Decree is counter-signed by the President of the Council of Ministers.

FINAL COMPLEMENTARY PROVISION

Sole Final Complementary Provision

Within a period not exceeding sixty (60) days, the Public Integrity Secretariat in coordination with the National Center for Strategic Planning - CEPLAN, will propose the complementary norms to adjust the National Integrity Policy to what is provided in Annex 1 of Supreme Decree No. 029-2018-PCM, which will be approved by Ministerial Resolution. These norms will establish the linkages between the National Integrity and Anti-Corruption Plan and the National Strategic Planning System - SINAPLAN, in accordance with article 11 of the aforementioned Supreme Decree.

Given in the Government House, in Lima, on the twenty-fifth day of the month of April of the year two thousand eighteen.

MARTÍN ALBERTO VIZCARRA CORNEJO
President of the Republic

César Villanueva Arévalo
President of the Council of Ministers

NATIONAL INTEGRITY AND ANTI-CORRUPTION PLAN
2018-2021

ACRONYMS, ABBREVIATIONS, AND ACRONYMS

CEPLAN: National Center for Strategic Planning CAN ANTI-CORRUPTION: High-Level Anti-Corruption Commission CCL: Lima Chamber of Commerce CGR: Comptroller General of the Republic CNM: National Council of the Magistracy CONFIEP: National Confederation of Private Business Institutions GIZ: Deutsche Gesellschaft für Internationale Zusammenarbeit of German Cooperation.
G20: Group of Twenty
INA: National Anti-Corruption Initiative
INEI: National Institute of Statistics and Informatics.
LA/FT: Money laundering and/or terrorist financing.
MINAGRI: Ministry of Agriculture and Irrigation MINAM: Ministry of Environment MINCETUR: Ministry of Foreign Trade and Tourism CULTURE: Ministry of Culture MINDEF: Ministry of Defense MIDIS: Ministry of Development and Social Inclusion MEF: Ministry of Economy and Finance MINEDU: Ministry of Education MINEM: Ministry of Energy and Mines MININTER: Ministry of the Interior MINJUS: Ministry of Justice and Human Rights MIMP: Ministry of Women and Vulnerable Populations PRODUCE: Ministry of Production RREE: Ministry of Foreign Relations MINSA: Ministry of Health MTPE: Ministry of Labor and Employment Promotion MTC: Ministry of Transport and Communications VIVIENDA: Ministry of Housing, Construction, and Sanitation MP-FN: Public Ministry – National Prosecutor's Office OCDE: Organization for Economic Cooperation and Development ONA: National Anti-Corruption Office OSCE: Supervisory Body for State Contracting PCM: Presidency of the Council of Ministers PPEDC: Specialized Prosecutor's Office for Corruption Crimes PJ: Judicial Power PNP: National Police of Peru PROÉTICA: Peruvian Chapter of Transparency International SERVIR: National Authority of Civil Service SGP: Public Management Secretariat SNI: National Society of Industries

TABLE OF CONTENTS

PRESENTATION
I. INTRODUCTION
II. METHODOLOGICAL FRAMEWORK FOR THE DEVELOPMENT OF THE PLAN
2.1. Methodology for the elaboration of the plan
2.2. Procedure for classification and prioritization of actions
2.3. Prioritized actions in the plan
III. STRATEGIC OBJECTIVES AND ACTIONS OF THE PLAN
3.1. Actions of the Plan
3.2. Actions, Indicators, Targets, and Responsibilities
IV. IMPLEMENTATION STRATEGY
4.1. Follow-up, Monitoring, and Evaluation
REFERENCES AND BIBLIOGRAPHY
INDEX OF TABLES
Table 1: Anti-corruption initiatives and conceptual emphasis
Table 2: Anti-corruption documents considered for the elaboration of the National Integrity and Anti-Corruption Plan
Table 3: Articulation of approaches, axes, and specific objectives
Table 4: Stages, procedures, and results of the process of elaborating actions
Table 5: Priority areas, types of actions, importance, temporality
INDEX OF ILLUSTRATIONS
Illustration 1: Organization of the logical sequence of plan elaboration Illustration 2: Types of measurement by levels of articulation in the fight against corruption

El Peruano / Thursday, April 26, 2018 LEGAL NORMS 7

PRESENTATION
Without the need to resort to statistics or surveys, all Peruvian citizens know that corruption is one of the main problems in the country, if not the main one. We see and live it every day in one way or another through the media that report on the purchase of political wills, agreements to illegitimately benefit private interests, and decisions that are not based on the general interest but on the interest of a few. But we also live corruption when we are victims of a bad public servant who demands some irregular payment or benefit to allow us to access basic public services to which we are entitled by right, such as health and education.

All these questionable practices that we call grand corruption, medium corruption, and small corruption, although they have different manifestations and characteristics, as well as different approaches, are all expressions of the same problem that has as its root the lack of values, weak institutional framework, lack of meritocracy, and political interference in public administration.

To understand the problem and propose concrete solutions in our country, since 2001, governmental spaces oriented towards generating synergies and defining anti-corruption actions have been developed, which, for various reasons, failed to consolidate over time. In the same line, during that same period, various anti-corruption measures were adopted that -although necessary, such as the Law on Transparency and Access to Information, Law on Management of Interests, Law on Prohibitions and Incompatibilities of Officials and Public Servants, and Law on Civil Service Reform, among others- have not had the structural and long-term impact we expected. On the contrary, we have corroborated in these last two years that corruption has not only remained present, but is increasingly showing evidence of being worryingly rooted in the different segments and levels of our society.

In this context, with no small frequency, Peruvians feel indignant and seek immediate alternatives and answers that allow us to reverse the nefarious consequences that corruption generates in terms of institutional framework, governability, economic growth, and development. The problem, however, is that immediate and unplanned responses wrongly appeal to the focalization of repression strategies, neglecting prevention. For that reason, the fight against corruption in our country has concentrated mainly on developing measures that emphasize the punitive approach, seeking sanction and repair of damage after the commission of an act of corruption.

Regarding this, although the punitive approach is necessary, it constitutes a limited, partial, and insufficient perspective that starts from the non-understanding of corruption as a complex, multi-causal, and multi-dimensional phenomenon that requires primarily structural measures oriented not only to build solid public management based on values, transparency, accountability, and meritocracy, but also to institutional reforms conducive to reversing the factors of socio-economic and gender vulnerability in society.

In line with this purpose, it is necessary and urgent to recognize that corruption is not a neutral phenomenon and that, on the contrary, it impacts differently the members of a society according to, precisely, the factors of socio-economic and gender vulnerability, promoting the deepening of schemes of inequality and abuse of power.

Hence, it must be internalized that for the combat of corruption there is no single formula or unique response, nor an entity that can face this scourge alone. On the contrary, a strategy is required that articulates at the same time actions of prevention, detection, investigation, and sanction, differentiating the different levels of corruption that exist and the differentiated way of its impact, as well as a strategy of joint and articulated participation of entities and society as a whole.

Precisely, it is that complementary, integral, and articulating approach that is proposed in the National Integrity and Anti-Corruption Plan 2018-2021, which takes as a starting point the National Policy on Integrity and the Fight against Corruption approved by Supreme Decree 092-2017-PCM, and stands on the recommendations of the Report of the Presidential Commission on Integrity, the OECD Report on Integrity in Peru, and the Lima Commitment of the Summit of the Americas. This Plan also collects the voice of citizens, experts, academics, and public servants committed to a different State and for whose development, support was provided by German Cooperation implemented by GIZ. In that sense, the Plan presented not only constitutes a document that has consensus and validity, but, above all, a document that marks a path that we must all follow and care for.

As President of the High-Level Anti-Corruption Commission and President of the Judicial Power, I allow myself to urge all Peruvians to be attentive and vigilant regarding what is happening in our country and the performance of our governors and authorities, and to exercise our right and duty to report irregularities and non-compliance with the measures collected in the National Integrity and Anti-Corruption Plan 2018-2021.

Duberlí Apolinar Rodríguez Tineo
April 2018

I. INTRODUCTION
The National Policy on Integrity and the Fight against Corruption, approved by Supreme Decree No. 092-2017-PCM, dated September 14, 2017, establishes in its Second Final Complementary Provision that “The High-Level Anti-Corruption Commission, within a maximum period of fifty (50) business days, within the framework of its functions, will elaborate a proposal for the National Integrity and Anti-Corruption Plan that it will present to the Executive Branch, which allows articulation and coordination between entities for the implementation of the policy”1.

In accordance with this mandate, the High-Level Anti-Corruption Commission, supported by the technical advice of German Cooperation implemented by GIZ, began the process of elaborating the National Integrity and Anti-Corruption Plan 2018-2021, keeping in perspective, mainly, the need to respond to the constraints and context in which the lack of integrity and corruption has been affecting the country in recent years.

By virtue of this, the CAN Anti-Corruption established two priority lines of action for the development of the new integrity and anti-corruption strategy. The first of these relates to the deepening of actions in the subnational scope considering that in recent years cases of corruption in Regional and Local Governments have increased, which, moreover, developed dangerous criminal actions even linked to organized crime. In this way, the National Plan proposes actions aimed at promoting the knowledge and understanding of the local reality, as well as promoting the articulation of control and permanent supervision mechanisms that are developed within the country.

The second priority line of action is prevention. Undoubtedly, every anti-corruption policy and every strategy

1 It should be noted that because the Final Complementary Provision of Supreme Decree No. 092-2017-PCM states that the High-Level Anti-Corruption Commission had to present the proposal to the Executive Branch for its approval, it was necessarily required to have an Agreement of the Plenary of the CAN that approves this working document. As for this, for reasons unrelated to the Presidency of the CAN, it was not possible to hold a session in November and December to submit it to the Plenary for consideration, which considerably delayed its final approval.

8 LEGAL NORMS Thursday, April 26, 2018 / El Peruano

must have a complementary view regarding prevention and sanction actions against corruption. However, the punitive approach, although it corrects an irregular situation, does not ensure the establishment of structural conditions that in the medium and long term allow reducing the incidence of such irregularities. It is therefore necessary to implement organizational structures and work environments that allow developing a solid institutional framework that protects the State from adverse situations originated by unscrupulous people lacking a vocation for public service who, for one reason or another, access a public position. In that sense, great importance is given to strengthening the civil service based fundamentally on meritocracy, equal opportunities, general interest, transparency, probity, and accountability of management.

All these constitute powerful tools to reduce spaces for corruption in both the public and private sectors, as well as in the interaction between them. To that extent, it is fundamental to strengthen internal control mechanisms to ensure that entities consolidate the adoption of these tools in order to prevent corruption and establish integrity in management.

It should be specified that part of the preventive approach also passes through the incorporation of citizenship in the logic of public and collective action, and as a fundamental actor of social control. Therefore, it is proposed as an essential premise of prevention mechanisms to involve citizenship as the main interested party in that public management provides services that satisfy their needs, for which it is indispensable to generate from the State the conditions, spaces, and tools to recover its trust and turn it into an ally for the early detection of alerts regarding potentially questionable practices.

Now, in the line of prioritizing actions, the National Policy on Integrity and the Fight against Corruption has been taken as input and starting point, which, based on lessons learned collected in the Final Evaluation Report of the Implementation of the National Anti-Corruption Plan 2012-2016, emphasizes the need to provide the State with greater capacities in the fight against corruption, generate greater mechanisms of articulation and coordination, and reinforce the institutional framework of the main entities involved in the prevention, detection, investigation, and sanction of corruption.

Indeed, as detailed in Chapter II “Methodological Framework for the Development of the Plan”, the process of elaborating the National Integrity and Anti-Corruption Plan 2018-2021 considers as the main source the objectives, targets, guidelines, and compliance standards of the National Policy on Integrity and the Fight against Corruption. In the same way, given the existence of documents that -based on previous diagnoses- delineated specific recommendations to ensure effective prevention, detection, investigation, and sanction of corruption, the participatory and inclusive process of elaborating this Plan has fully embraced them. Thus, the Plan stands on the following base documents:

• Report of the Presidential Commission on Integrity. Stopping corruption, the great battle of this time (December 2016).
• OECD Study on Integrity in Peru. Strengthening public sector integrity for inclusive growth (2017).
• 100 actions proposed by the National Prosecutor to forge a country without corruption (June 2017).
• Lima Commitment of the Summit of the Americas

The decision is based on two criteria. The first lies in the legitimacy that these documents achieved among experts, academics, public officials, and opinion leaders, as is the case with the 100 recommendations contained in the Report of the Presidential Commission on Integrity and the Study

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