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OAS Anti-Corruption Mechanism Releases Report on Ecuador

The Committee of Experts of the Follow-up Mechanism for the Implementation of the Inter-American Convention against Corruption (MESICIC) of the Organization of American States (OAS) adopted the Ecuador report on the implementation of this treaty in the context of the Fourth Round of Review of the Mechanism, during its Twenty-Third Meeting held last week at the headquarters of the hemispheric institution.

One of the most significant chapters of the report focuses on the examination of the oversight bodies in Ecuador with the responsibility for the prevention, detection, punishment, and eradication of acts of corruption. In this regard, the report examines the Citizen Participation and Social Oversight Council (CPCCS), the State Prosecution Service (FGE), the Office of the Comptroller General of the State (CGE), and the agencies of the Judiciary and the Judicature Council. The progress made by Ecuador in relation to the recommendations of the First Round of the MESICIC was also reviewed.

The examination was carried out taking into account Ecuador’s response to a questionnaire, information gathered by the Technical Secretariat, and, as a new and important source of information, an on-site visit conducted October 1-3, 2013. This visit was carried out by a team comprising of representatives from Chile and Venezuela, as well as members of the Technical Secretariat. During that visit, the review team met with representatives of aforementioned government institutions, as well as representatives from civil society organizations, the private sector, professional associations, academics and researches on issues of relevance to the review.

Among the recommendations made to be considered by Ecuador in relation to the bodies reviewed, the report recommends with regard to the CPCCS to strengthen inter-institutional coordination; to implement internal regulations for processing complaints, allegations, and claims related to the pursuit of its objectives and to the performance of its personnel; to create an Internal Audit Unit; and to strengthen the institution by providing it with the human and budgetary resources necessary to ensure full compliance with its duties of preventing, detecting, and investigating acts of corruption.

The report also suggests that the FGE has the responsibility to update its post classification manual; to strengthen the institution by providing it with the human and budgetary resources necessary to ensure full compliance with its duties; to strengthen modern information systems and follow-up of the FGE, in order to ensure the timely processing of cases, particularly those related to corruption, and to remove obstacles so prosecutorial inquiries into the crimes of embezzlement and illicit enrichment can be launched promptly.

Regarding the CGE, the report proposes to finalize the implementation of the Organic Organizational Process Management Statute of the Comptroller General; to strengthen the institution by providing it with the human and budgetary resources necessary to ensure full compliance with its duties of overseeing the statements of net worth presenting by employees of the public administration; and to develop mechanisms for the more efficient and expeditious restitution of harm caused to the State.

Among the good practices for which Ecuador provided information, the report highlights the FGE’s implementation of the Integrated System of Prosecutorial Actions (SIAF), which seeks, among others, to reduce the backlog of cases related to reports of indications of criminal liability submitted by the CGE; and the creation of the Judicial Function’s Management Transparency Unit.

The report notes some recommendations that are still current or have been reformulated, which were presented to Ecuador during the First Round of Review, such as strengthening of the oversight agency responsible for the implementation of the Law on Transparency and Access to Public Information; continuing to enforce measures for the imposition of restrictions to those leaving public office; and repealing its “desacato” contempt laws.

During the Twenty-Third Meeting of MESICIC, similar reports were adopted for Canada, the Dominican Republic, Guyana, and Nicaragua and are available here.

For more information, please visit the OAS Website at www.oas.org.

Reference: E-118/14