Ecuador Struggles with Effective Implementation of UNCAC Provisions

Introduction

A recent report by Fundación Ciudadanía y Desarrollo highlights the progress made by Ecuador in developing normative legal frameworks to combat corruption. However, the implementation of several key provisions of the United Nations Convention against Corruption (UNCAC) remains inadequate.

Challenges in Implementation

Lack of Coordination among Institutions

While there are various bodies in place to prevent corruption, such as the Transparency and Social Control Function and the Council for Citizen Participation and Social Control (CPCCS), these institutions often lack coordination. The CPCCS has faced criticism due to allegations of corruption and interference from other state bodies.

Insufficient Laws on Asset Recovery

Ecuador’s laws on asset recovery, a key provision of UNCAC, are insufficient and limited in their application. A bill currently under discussion in the National Assembly aims to address this issue by allowing for the confiscation of assets without a conviction.

Recommendations for Effective Implementation

Fundación Ciudadanía y Desarrollo has made several key recommendations to ensure effective implementation of UNCAC provisions:

• Develop a national plan on prevention and fight against corruption involving all government institutions and non-state actors.
• Improve coordination among state bodies to strengthen their impact.
• Establish minimum standards for public codes of conduct and mechanisms for compliance.
• Regulate conflicts of interest and ‘revolving doors’.
• Extend asset declaration obligations to candidates running for elected office.

Conclusion

The report emphasizes the need for Ecuador to comply with international standards, particularly in the areas of access to information, participation of civil society, anti-money laundering, and asset recovery. A comprehensive approach is required to effectively combat corruption and strengthen transparency and accountability in Ecuador’s institutions.