Financial Crime World

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Ecuador Takes Steps to Strengthen Whistleblower Protection Laws, but More Work Needed

QUITO - Ecuador has made significant progress in developing its legal framework for whistleblower protection, but more work is needed to ensure effective implementation and enforcement of these laws.

Progress Made

According to a recent report by Fundación Ciudadanía y Desarrollo, a local civil society organization, Ecuador has enacted several laws and regulations aimed at protecting whistleblowers who expose corruption and abuse of power. These laws include:

  • A national plan on preventing and fighting corruption
  • Improved coordination among different state bodies and public institutions to strengthen prevention policies and actions
  • Minimum standards and models for public codes of conduct
  • A follow-up mechanism for compliance with respective institutions’ obligations to implement these standards and mechanisms in collaboration with non-state actors

Recommendations for Improvement

However, the report also highlights several areas where improvement is necessary:

  • Development of a national plan on preventing and fighting corruption that includes all government institutions and non-state actors
  • Improved coordination among different state bodies and public institutions to strengthen prevention policies and actions
  • Extension of the obligation to submit sworn asset declarations to candidates running for elected office
  • Expansion of the content of these statements based on the Model Law of the Organization of American States (OAS)
  • Guaranteeing access to the information contained therein to the public, with limited exceptions

Additional Recommendations

Fundación Ciudadanía y Desarrollo also recommends that Ecuador:

  • Adopt measures to ensure that members of High Courts and Tribunals are appointed through public merit-based and competitive examinations that fully comply with necessary publicity and transparency
  • Ensure disciplinary processes comply with parameters of objectivity and full implementation of Open Justice
  • Develop regulations to regulate financial technologies, including crypto-currencies and crypto-assets
  • Adopt regulations that facilitate asset recovery and international cooperation in this area without violating citizens’ fundamental rights

Conclusion

The report concludes that while Ecuador has made significant progress in developing its legal framework for whistleblower protection, more work is needed to ensure effective implementation and enforcement of these laws. The government must take priority actions to strengthen coordination among different state bodies and public institutions, develop minimum standards for public codes of conduct, and adopt measures to ensure transparency and accountability in the appointment of judges.

Ecuador’s efforts to strengthen whistleblower protection laws are crucial to promoting transparency, accountability, and good governance in the country. It is essential that the government takes these recommendations into account and works towards implementing them to ensure that corruption is effectively prevented and fought.