AMBASSADOR'S MEETING WITH NATIONAL AUDITOR GENERAL AND UN SPECIAL RAPPORTEUR ON JUDICIAL INDEPENDENCE

UNCLAS BUENOS AIRES 001736 SIPDIS SIPDIS DEPT FOR IO AND DRL E.O. 12958: N/A TAGS: PGOV ECON PHUM PREL SENV EAIDAR KCOR KPAO AR SUBJECT: AMBASSADOR'S MEETING WITH NATIONAL AUDITOR GENERAL AND UN SPECIAL RAPPORTEUR ON JUDICIAL INDEPENDENCE ¶1. Summary: The President of the National Auditing Office (AGN),Ambassador Leandro Despouy, recently discussed the AGN's broad government oversight role and his responsibilities as the UN Special Rapporteur on the Independence of Judges and Lawyers. He described his impressions of the state of human rights throughout the world for the Ambassador and his interest in working with the Embassy in support of his UN and Argentine representations. End Summary. ¶2. Ambassador and PolOff met August 8 with Ambassador Leandro Despouy, President of the National Auditing Office (AGN - Auditoria General de la Nacion). The AGN is an autonomous entity with operational independence that reports to the National Legislature on the Executive branch's management and accounting of public sector funds. It prepares its reports for Congress but also puts them on the internet for all to see. The AGN employs approximately 800 full-time and contract personnel and prepares some 250 annual reports, the most important of which is the "Cuenta de Inversion del Estado," a basic audit of the annual budget. Ambassador Despouy said he made the "Cuenta" a priority for the AGN, which soon will complete the reports for 2004 and 2005, and by year's end will complete the 2006 report. In addition, however, the AGN audits specific programs and agencies. He noted that government agencies cooperate freely with the AGN, but that the tax service, AFIP, was one of the least open to cooperation with the AGN. ¶3. Despouy explained that 2002, when he was asked to take over the AGN, was a very difficult period due to the financial crisis, but that he was well received due to his long human rights background. His initial task, he said was to audit the country's reconstruction, including the conversion process (unpegging the Argentine peso from the USD),which included the conversion of public services contracts from dollars to pesos, and the renegotiation of the national debt. Two big developments that have occurred under his watch, Despouy explained, were extra-budgetary expenditures such as the numerous social program subsidies, which the Legislature does not oversee but that the AGN nevertheless audits, and the State's "reinsertion" in the privatized services sector, e.g. mail, power generation and distribution, water and sewage and satellite services. Despouy said that the AGN plays a role in environmental issues and is auditing the government's program to clean up the Riachuelo river that runs through Buenos Aires province and the city of Buenos Aires, probably the most polluted river in Argentina. Despouy noted that AGN has received technical training from the Canadians, British and the U.S. (GAO). Despouy was particularly proud that he had started the practice of publishing the AGN reports on the internet, so they do not just disappear in a congressional committee. He said the AGN also meets regularly with local NGOs working on transparency and enforcement in government practices and tries to help strengthen this sector of civil society. ¶4. Of his UN Rapporteur duties, Despouy explained that he prepares regular reports and tries to make two country visits per year. He also prepares special reports, e.g. on Iraq and Guantanamo, and is in contact with the U.S. Mission in Geneva, as UN offices in Geneva provide him with day to day staff support via the internet. He noted that he would be participating in a Seminar in Geneva in November on "Human Rights in a Crisis" and encouraged the U.S. Mission to send a participant. He said his office makes some 200-300 interventions each year and plays a preventive role in many situations just by asking questions of governments. In response to Ambassador's question, Despouy said he was most concerned about Africa ("tremendous problems"),the former Soviet Union making the transition to an independent judiciary, in particular in Central Asia where he said he works closely with the U.S. and depends on U.S. missions for information. He also noted serious problems in Iran, Myanmar, Cambodia and Iraq. In Latin America, he noted Cuba and Guatemala (killings of judges and lawyers). ¶5. Despouy said he is very interested in cooperating with the U.S. He made clear that he would like to improve the effectiveness of the AGN's watchdog role, for example. Similarly, Despouy said he was very open to receiving input from the U.S. on judicial independence issues worldwide. We suggest IO consider seriously the latter offer. WAYNE