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SPAIN with the UNITED NATIONS Sdgs: 30 RECOMMENDATIONS to FIGHT AGAINST CORRUPTION

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SPAIN with the UNITED NATIONS Sdgs: 30 RECOMMENDATIONS to FIGHT AGAINST CORRUPTION REPORT ON THE COMPLIANCE BY SPAIN WITH THE UNITED NATIONS SDGs: 30 RECOMMENDATIONS TO FIGHT AGAINST CORRUPTION INFORME SOBRE EL CUMPLIMIENTO DE LOS ODS DE LA ONU POR PARTE DE ESPAÑA: 30 RECOMENDACIONES PARA LUCHAR CONTRA LA CORRUPCIÓN June 2018 Author: Chief Researcher: Ana Morilla Carabantes Senior Researcher: Esther Miralles Manresa Senior Researcher: Felipe Ureta Redshaw Revisor: José Daniel Amoedo Barreiro, Project Coordinator TI-Spain [License of the report – if you release it under a license that allows re-use, such as CC BY-ND 4.0] Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of May 2018. Nevertheless, the authors cannot accept responsibility for the consequences of its use for other purposes or in other contexts. [Impress & contact information of your Chapter] [Reference to donor] With support from the European Commission 'This publication was produced with the financial support of the European Union. Its contents are the sole responsibility of Transparency International Spain and do not necessarily reflect the views of the European Union' TABLE OF CONTENTS Executive Summary and Major Findings ............................................................................. 4 The 2030 Agenda for Sustainable Development ............................................................ 12 Rationale for this Shadow Report .................................................................................. 12 Methodology .................................................................................................................. 13 National progress report ................................................................................................. 14 Recent Developments .................................................................................................... 14 Transparency International Spain’s findings on national progress towards SDG 16.4, 16.5, 16.6 and 16.10 ................................................................................................... 17 Target 16.4: By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime ..... 17 Anti-money laundering ................................................................................................... 17 Beneficial ownership transparency ................................................................................ 19 Recovery of stolen assets .............................................................................................. 20 Fight against organised crime (optional) ........................................................................ 21 Target 16.5: Substantially reduce corruption and bribery in all their forms ........................ 22 Experience and perceptions of corruption ...................................................................... 22 Anti-Corruption Framework and Institutions ................................................................... 23 Private Sector corruption ................................................................................................ 25 Lobbying transparency ................................................................................................... 26 Party and Campaign finance transparency .................................................................... 27 Target 16.6: Develop effective, accountable and transparent institutions at all levels ....... 29 Transparency and integrity in public administration ....................................................... 29 Fiscal transparency ........................................................................................................ 31 Public procurement and government contracting ........................................................... 32 Whistleblowing and reporting mechanisms .................................................................... 33 Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements ........ 34 Protection of fundamental freedoms .............................................................................. 34 Access to information ..................................................................................................... 35 Recommendations ............................................................................................................. 37 Regional coordination ........................................................................................................ 40 3 Executive Summary and Major Findings About this Report: In September 2015, the United Nations General Assembly approved the Agenda 2030 for Sustainable Development, an ambitious international plan of 17 Objectives for the period 2015-2030 that intends to address the major global challenges facing our planet. The Agenda also includes the goal of promoting more just and inclusive societies with more transparent and accountable institutions. Spain signed the Alliance 2030 within the framework of the European Union and together with other 193 United Nations state members. This report has been produced in May 2018 to monitor the progress of Spain in relation to some of the targets included in the Agenda, with a particular focus on Objective 16 and a review of targets 16.4 (fight against illicit financial flows), 16.5 (fight against corruption and bribery), 16.6 (develop accountable and transparent institutions) and 16.10 (public access to information and fundamental freedoms). The report is conceived as an independent research and a shadow report to the official comte-rendu on the 17 Objectives and 169 Targets that the Spanish Government will pose to the United Nations High Level Political Forum in mid July 2018. In order to get started with the scope of work of the Agenda, Spainish Administration has articulated several institutional cross-cutting measures, among others, the appointment of the Special Ambassador for the Alliance 2030, Mr. Juan Francisco Montalbán who took office in May 2017, and the creation of a High Level Inter Ministerial Group (GAN) in September 2017 to better coordinate the initiatives related to the Agenda and the examination before the UN. As an additional step, in January 2018, the Spanish Parliament approved a formal pronouncement (a Non-Legislative Proposal) assuming the principles of the Agenda 2030 as a reference guidance for the Government’s future course of action and public policies. The first draft of the Government's Action Plan was published in April 3rd 2018, with a limited horizon: 2018 to 2020. As of May 25th, the second version announced to be released by May 15th was unavailable. Targets related to integrity in Public Administration, transparency, fight against corruption or institutional development are poorly addressed by the Action Plan Draft, superficially reviewed and with limited actions committed (See pages 125 to 128). 1 Meanwhile, the involvement of civil society in the Plan and its implementation is not intense. Although the Plan has been shared with Local Councils, Regional Governments and with the University Community, the so called "Council of Social Agents" described in the document has not yet been officially called. Many entities from the third sector have played an active role by posing a number of disseminated initiatives, but the Government shows a lack of coordination and failed to articulate a site where relevant agents could disclose and publish their proposals so far. General situation of Spain in Governance, Transparency and fight against corruption. 1Acces link to the Draft: http://femp.femp.es/files/566-2312-archivo/03_04_2018_DRAFT_ZERO_ ACTION PLAN_REV.pdf 4 Corruption in Spain is currently the second national concern according to the CIS (Centro de Investigaciones Sociológicas) survey, only behind unemployment. Spain is the country in Europe where the perception of corruption has deteriorated the most since 2000 according to the Transparency International Corruption Perception Index ("TI") of 2017. It ranks 42nd out of 180 countries on the same index, the worst position in 5 years. 80% of Spaniards think that the government is doing badly or very badly in the fight against corruption according to TI's Global Corruption Barometer. This situation reduces confidence in institutions, degrades public life, damages the country's international image and undermines Spain's socio-economic progress. At the time of writing this report, three breaking news appear in the media: 1. Eduardo Zaplana, a Minister of Labour under President Aznar tenure (2002-2004), Spokesman at the Congress between 2003 and 2004 and a relevant member of the the Popular Party (currently ruling party), President of the Regional Government of Valencia (Generalitat Valenciana 1995-2002) has just been arrested. He is under investigation for the alleged crimes of money laundering, embezzlement, prevaricating, bribery, and influence peddling, among others. These offences are related to the collection of illicit funds during 2002 bidding processes and privatizations. The crimes of bribery and prevaricating are time-barred after 10 years, but this does not apply to money-laundering, which has come to the fore with the attempted repatriation of money. The investigation has been conducted by the UCO, the Central Judicial Police Unit, which investigates and prosecutes serious economic and organised
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