Judicial Elections Will Worsen, Not Alleviate, Mexico’s Judicial Corruption Problem

Mexico recently passed sweeping judicial reforms. These reforms, which are to be phased in between 2025 and 2027, include various elements including a relaxation of the required qualifications for judicial service, shorter tenures, reduced salaries, and new oversight bodies. But by far the most consequential change is the introduction of judicial elections, which will make Mexico the first country to directly elect almost all its judges. (The elections will not be fully open, however, as the slate of candidates for each judicial position will be determined by evaluation committees, subject to veto of particular candidates by the executive, the legislature, and the judiciary.) Although proponents advanced many arguments in favor of this “high-stakes experiment,” anticorruption featured prominently. Indeed, the introduction of judicial elections was championed by former President López Obrador and his Morena party as a way to rid the Mexican judiciary of corruption by making judges responsive to the people, rather than big business or organized crime.

Judicial corruption is indeed a serious problem in Mexico. Bribery is commonplace in local and state courts, and also occurs, though not as frequently, in federal courts. Reportedly, large tax cases “get decided with a phone call or bag of money,” while the outcomes of criminal cases are often manipulated through “a combination of both fear and bribery.” But introducing judicial elections is unlikely to ”cleanse the judicial system of corruption”, and may actually make the corruption problem worse: Continue reading

Corruption: Fuel for Femicide’s Fire

On January 31, 2022, hundreds of protesters took to the streets of La Paz, Bolivia, regarding new revelations about Richard Choque Flores, who had raped upwards of 70 women and committed at least two femicides. (The term “femicide” refers to the intentional murder of women for gender-motivated reasons.) The La Paz protesters were not simply expressing their horror at Choque Flores’ heinous crimes. They were also denouncing the judicial and prosecutorial corruption that had enabled his continued predation. In fact, Choque Flores had already been arrested in 2015 and sentenced to 30 years in prison. His sentence was then reduced to a house arrest in 2019, whereupon he was able to murder two women from the comfort of his own home. How did Richard Choque Flores manage to get his sentence reduced in the first place? With a bribe of US$3,500 and a bottle of whisky.

Sadly, this story is not unique. In Bolivia as well as other Latin American countries (such as Argentina, Brazil, and Mexico), femicides not only occur at appallingly high rates, but they rarely ever get resolved. While femicide is certainly rooted in patriarchy, its rampant scope in Latin America cannot merely be explained by the misogyny of individual perpetrators. In 2021 alone, there were at least 108 known femicide cases in Bolivia, of which only 36% were solved. In Mexico, around 10 women are reportedly murdered per day (though the actual number is likely much higher). The femicide epidemic is by no means “accidental, ‘involuntary,’ or the result of ‘mere institutional incapacity.’” Rather, it is the product of profound and systematic corruption, which allows perpetrators to violate women with impunity, while imposing prohibitive barriers to justice for victims and their families.

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Guest Post: Behavioral Economics, Punishment, and Faith in the Fight Against Corruption

The following guest post, by Roberto de Michele, Principal Specialist in the Institutional Capacity of the State Division at the Inter-American Development Bank (IDB), is a translated and slightly modified version of a post that Mr. de Michele originally published in Spanish on the IDB’s governance blog on August 29, 2016:

Last August, Hugo Alconada Mon, one of Argentina’s most prestigious investigative journalists, published an article (in Spanish) describing how road construction firms in Argentina created a cartel to fix public work contracts. Members of the cartel would meet in the board room of the sector chamber to conduct their business. The room has a statue of Our Lady of Luján, patroness of Argentina. Before commencing negotiations to fix contracts, assign “winners,” and distribute earnings, members of the cartel would turn around the image of Our Lady of Luján to face the wall, with her back to those gathered there. It was, as one of the sources candidly put it, “so that she doesn’t see what we were about to do.” This remark got me thinking about two possible explanations on why we break the law, cheat, and lie both to the government and to others. Continue reading

Five Things Washington Should Do to Help Latin America Curb Corruption

The following is based on a March 24 talk I gave at the Washington office of the Council on Foreign Relations.  It is posted in a slightly different form on “Latin America’s Moment,” the Council’s blog on Latin America.

One of the most promising developments in U.S. foreign relations is the all out war on corruption being waged across Latin America.  From “Operation Car Wash” in Brazil to investigations of presidential wrongdoing in Bolivia, El Salvador, Honduras, Guatemala, and Panama, across the region independent, tenacious prosecutors and investigators are out to end the massive theft of state resources that for so long has hobbled political development and throttled economic growth.  Americans should be cheering for these corruption warriors, for we have much to gain if they succeed.  Less corruption translates into more stable, reliable political allies; it means faster, more equitable growth and that means shared prosperity and less northward migration.  Finally, less corruption in government will offer American firms new opportunities. Think what the end of corruption in Brazilian public works would mean for U.S. engineering and construction companies.

But given the stakes in Latin America’s corruption war, America should be doing more than cheering from the sidelines.  It should be doing everything it can – without infringing the sovereignty or sensibilities of Latin neighbors – to see its corruption warriors succeed.  Here are five things to start with: Continue reading