Corruption Prevention and Anti-Corruption Efforts in El Salvador: A Comprehensive Report
Introduction
This report provides an overview of the current state of corruption prevention and anti-corruption efforts in El Salvador. It highlights key issues and makes recommendations for priority actions to ensure full implementation of the United Nations Convention against Corruption (UNCAC).
Key Issues
Harassment, Criminalization, and Restriction of Freedom of Expression and Freedom of the Press
Government officials have used social media to harass and restrict journalists’ freedom of expression. This has created a chilling effect on investigative journalism and has hindered efforts to expose corruption.
- Implications: Restrictions on freedom of expression limit the ability of citizens to hold those in power accountable, making it more challenging to combat corruption.
- Recommendation: Guarantee freedom of expression on issues related to corruption prevention and fight against corruption.
Independence in the Judiciary
The arbitrary dismissal of magistrates and prosecutors has undermined judicial independence. This has raised concerns about the impartiality of the judiciary and its ability to effectively investigate and prosecute cases of corruption.
- Implications: Lack of judicial independence can lead to a lack of trust in the justice system, undermining efforts to combat corruption.
- Recommendation: Ensure compliance with procurement laws, especially for large public works projects.
Anti-Money Laundering
El Salvador has a legal framework, but there is no statistical information on money laundering cases due to withholding of data by government agencies. This makes it challenging to evaluate the effectiveness of the national legal system in combating money laundering.
- Implications: Lack of transparency and accountability hinders effective implementation of anti-money laundering efforts.
- Recommendation: Make data on money laundering transparent to evaluate the effectiveness of the national legal system.
Asset Recovery
While there have been some successful prosecutions of high-ranking officials, the lack of transparency and accountability in asset recovery processes hinders effective implementation. This makes it challenging to recover assets that were acquired through corrupt means.
- Implications: Lack of transparency and accountability can lead to a lack of trust in the justice system, undermining efforts to combat corruption.
- Recommendation: Guarantee transparency in information disclosure and avoid abusing the classification of information as reserved or non-existent.
Recommendations for Priority Actions
- Develop a public policy on corruption prevention that coordinates inter-institutional actions.
- Implement measures to oversee campaign financing and make donations transparent.
- Regulate the use of cryptocurrencies in political party financing to mitigate money laundering risks.
- Ensure compliance with procurement laws, especially for large public works projects.
- Guarantee transparency in information disclosure and avoid abusing the classification of information as reserved or non-existent.
- Promote whistleblower protection mechanisms and ensure anonymity in reporting alleged acts of corruption.
- Guarantee freedom of expression on issues related to corruption prevention and fight against corruption.
- Make data on money laundering transparent to evaluate the effectiveness of the national legal system.
By implementing these recommendations, El Salvador can strengthen its anti-corruption efforts and improve transparency, accountability, and integrity within its institutions.