MECHANISM ADOPTS EL SALVADOR REPORT
its Twentieth Meeting, held September 10 – 14, the Committee of Experts
of the Follow-up Mechanism for the Implementation of the Inter-American
Convention against Corruption (MESICIC) adopted the El Salvador report
on the implementation of this treaty in the context of the Fourth Round
of Review of the Mechanism.
A significant portion of
the report focused on examination of those oversight bodies in El
Salvador with the responsibility for the prevention, detection,
punishment and eradication of acts of corruption. Accordingly, the
report examines the Office of the Attorney General, the Government
Ethics Tribunal, the Supreme Court of Justice, and the Court of Accounts
of the Republic. The progress made by El Salvador in relation to the
recommendations of the First Round of the MESICIC was also reviewed.
The examination was
carried out taking into account El Salvador’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
between March 20 and 23, 2012. This visit was carried out by a team
comprising of the Bolivarian Republic of Venezuela and Saint Vincent and
the Grenadines, as well as members of the MESICIC Technical Secretariat.
During that visit, the review team met with representatives of
government institutions as well with civil society organizations, the
private sector and professional associations on issues of relevance to
the fight against corruption.
Some of the
recommendations formulated to El Salvador for its consideration in
relation to the foregoing oversight bodies address purposes such as the
Provide to the Office of
the Attorney General, the Government Ethics Tribunal and the Supreme
Court of Justice with the financial and human resources to fully perform
their attributions and functions.
With regard to the
Office of the Attorney General, establish objective criteria for
assigning corruption cases and breakdown statistics with respect to
punishing corrupt acts that trigger disciplinary; administrative,
financial or civil; or criminal responsibility.
Regarding the Government
Ethics Tribunal, establish guidelines and a timeframe for the
designation of the representatives to this Tribunal.
Pertaining to the
Supreme Court of Justice, restore to the Integrity Section of the
Supreme Court of Justice the authority to request directly from banks
and financial entities the account information of public servants and
establish an accountability mechanism for the Court.
With respect to the
Court of Accounts, name its representative to the Government Ethics
Tribunal as well as maintain statistics on the amount of money that has
entered the public treasury as a result of the imposition of sanctions
by the Court of Accounts; maintain statistics on the final outcome of
citizens complaints received by the Court; and make all the Annual
Reports of the Court of Accounts easily and readily available to the
public on its website.
In addition, the report
considered as useful for the purposes combating corruption, the best
practices currently applied by El Salvador, such as an initiative by the
Subsecretariat of Transparency and Anti-Corruption of the Presidency
that ensures citizen participation in public governance, known as
“Accountability Mechanisms of the Executive Branch Agencies; and the
entering of cooperation agreements between universities and the
Government Ethics Tribunal, known as “Multiplier Agents of the
Government Ethics Law.”
regard to follow-up on
the recommendations formulated to El Salvador in the First Round of this
Mechanism, progress was made with respect to the enactment of the Access
to Public Information Law, the reformation of the Government Ethics Law,
and the establishment of the Economic and Social Council.
Some of the
recommendations still pending from the First Round or have been
reformulated address issues such as: establishing mechanisms to detect
possible conflicts of interest by public servants upon entry into the
public service; creating mechanisms to protect the public interest when
a conflict of interest arises; implementing a specific law that includes
time frames and reasonable circumstances for demanding the periodic and
updated submission of declarations of net worth; establishing a
mechanism for the registration of assets, income and liabilities of
public servants that are used to prevent and detect acts of corruption;
eliminating from the Regulations to the Access to Public Information
Law, ‘political security’ as a category of confidential information; the
appointment of the Commissioners to the Institute of Access to Public
Information; and the implementation of laws and mechanisms to encourage
the participation of civil society and nongovernmental organizations in
efforts to prevent corruption.
During this Twentieth
Meeting, similar reports were adopted for Bolivia, Brazil, Mexico and
Paraguay. The El Salvador report adopted by the Committee, as well as
the aforementioned countries, are available at: