By: The Organisation of American States
March 26, 2021
The International Commission against Impunity in El Salvador (CICIES) of the Organization of American States (OAS) proposed to the Salvadoran government a series of legal reform proposals that seek to prevent corruption, guarantee transparency and accountability of officials, as well as new typologies for the prosecution of crimes against the patrimony of the State.
The proposals, which are part of the CICIES mandate, were delivered to the Foreign Minister of the Republic, Alexandra Hill, and the Legal Secretary of the Presidency, Conan Castro, in a meeting with the CICIES Commissioner, Ronalth Ochaeta.
The CICIES proposes reforms to the Law of Illicit Enrichment of Public Officials and Employees (1959); Penal Code (1998) and Criminal Procedure (1973); Law against Money and Asset Laundering (1998); reform or repeal of the Law of the Civil Protection Fund, Prevention and Mitigation of Disasters, FOPROMID, (2005); Government Ethics Law (2011); and Special Law on the Extinction of Domain and Administration of Assets of Illicit Origin or Destination (2013).
Likewise, it also recommends strengthening the Office of the Attorney General of the Republic and other control institutions, making the processes for electing second-degree officials efficient and transparent, and updating laws that effectively regulate the public function, as well as promoting the participation of civil society in the fight against corruption, among other measures.
Additionally, the CICIES recommended the activation of the commitment of the Government of El Salvador to promote and reform laws that guarantee the CICIES, among other powers, to be an active part of the criminal process through the figure of the Complainant. A particular recommendation was also made on sending the Framework Agreement to the Legislative Assembly for ratification.
The reforms suggested by the CICIES are derived from an analysis of various proposals made by civil society bodies and intergovernmental entities. In a first stage of work, the CICIES intends to support the teams already established in the preparation of legislative projects, or to be part of new working groups to strengthen inter-institutional initiatives in the fight against impunity.
The delivery of the recommendations was framed within the objectives established in the Framework Agreement between the Government of the Republic of El Salvador and the General Secretariat of the Organization of American States (OAS) for the Establishment of the CICIES, aimed at proposing the implementation of public policies for the prevention, detection, control and punishment of activities, corruption networks and related crimes in State institutions, as well as in different sectors of society.
Since its installation, the CICIES has provided around instances of 25 technical assistance to the Office of the Attorney General of the Republic in high-impact processes, requested by the Attorney General, and has forwarded 60 recommendations to the Executive Branch on best practices for institutional strengthening as a result of monitoring special use of public funds for the care of the COVID-19 pandemic.