Populism and Pragmatism: How the New Honduran President Can Advance Her Anticorruption Agenda

Like its Central American neighbors, Honduras is a country with a long history of endemic corruption and enduring institutional decay. This past January, Xiomara Castro—the leader of the leftist LIBRE party and the wife of former President Juan Manuel Zelaya, who was ousted in a 2009 military coup—won a landslide victory, becoming the country’s first female President and ending the right-wing National Party’s twelve-year rule. Castro’s presidential campaign combined progressive and anti-elite discourse with strong anticorruption messages. Indeed, she asserted that rampant government corruption is one of the main reasons 70% of Hondurans live in poverty. Her message resonated with an electorate that was increasingly outraged at the seemingly endless parade of egregious corruption scandals that characterized the previous administration (see, for example, here, here and here). Castro’s victory seems to be part of wider global trend of populist leaders capitalizing on a wave of anticorruption sentiment and a generalized feeling of distrust towards the political elite.

The challenge that President Castro and her administration now face concerns how to deliver on her ambitious promise to dismantle the corruption that is so deeply embedded in Honduran government operations. Encouragingly—and in contrast to far too many politicians who campaign on vague “anticorruption” rhetoric—Castro has articulated a clear and ambitious legislative agenda that includes nine concrete actions specifically focused on anticorruption. These include reforming the Criminal Code and related laws, seeking support from the United Nations to establish an international body comprised of foreign experts tasked with investigating high level corruption crimes (modeled on Guatemala’s International Commission Against Impunity (CICIG)), and pursuing an overhaul of the civil service. But achieving these goals will not be easy, especially in light of the current composition of the legislature and the entrenched opposition of numerous private and public sector stakeholders. Accordingly, to advance her anticorruption agenda, Castro will have to find the right blend of pragmatism and populism. Continue reading

“Elect a Government That Works”: A Case Study in Populism and Corruption from India 

As the United States was reeling from President Richard Nixon’s resignation following the Watergate scandal, another imperiled leader—Indian Prime Minister Indira Gandhi—was fighting for her political life thousands of miles away. Although Gandhi and Nixon never got along, their stories overlap. Both barely squeaked into power after close elections in the late 1960s, but then won resounding reelection victories in the early 1970s. Gandhi’s political fortunes, like Nixon’s, took a turn for the worse shortly after reelection, in light of substantiated accusations of illegal campaign activity. But at this point, Nixon and Gandhi’s stories diverge. Unlike Nixon, Gandhi stayed the course and refused to resign. And in the end she prevailed: Gandhi was popularly elected three times with some of the largest governing majorities in Indian history.

How did Gandhi convince the public to reelect her, despite her known, widespread abuses of authority? How did a leader ensnared in scandal and corruption hold onto power to become one of the most beloved leaders in the world’s largest democracy? The answer to these questions may lie in Gandhi’s concentrated emphasis on left-wing populism. She argued to voters that she alone was most capable of effectuating change for India and its most needy citizens by enacting social programs and redistributing wealth. Additionally, Gandhi spent much of her time as Prime Minister consolidating her power within the party and the central government. This enabled much of the corruption that marked her rule but was also what allowed her to argue to the public that she was uniquely capable of fixing the nation’s problems.

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Can Slovakia’s New Anticorruption Movement Avoid Common Pitfalls?

In late February 2018, news that Slovakian anticorruption journalist Jan Kuciak was shot to death at home—the first murder of a journalist in Slovakia’s modern history—shocked the country and world. Slovakians demanded that the government, controlled by the corruption-plagued Direction-Social Democracy (SMER-SD) party, investigate the brazen attack and hold the perpetrators accountable. Tensions escalated in the days following Kuciak’s murder after his last unpublished story surfaced, exposing connections between advisors to SMER-SD Prime Minister Robert Fico and a prominent Italian organized crime syndicate. Fico resigned shortly thereafter, a development which proved to be the beginning of the end of SMER-SD’s twelve-year reign. By the February 2020 general election, voters decisively ousted SMER-SD in favor of the emerging anticorruption-focused Ordinary People and Independent Personalities Party (OLaNO).

Much of OLaNO’s appeal stems from party leader and current prime minister Igor Matovic, a self-made media mogul. His signature communication method was posting videos exposing graft to social media (similar to Russian anticorruption hero Alexei Navalny, whom this blog recently discussed here). In one of Matovic’s most widely viewed videos, he filmed himself in Cannes outside the luxury home of a former SMER-SD politician holding signs saying “Property of the Slovak Republic” and alleging that the home was illegally bought with taxpayer money. Matovic also traveled to Cyprus and posted a video of mailboxes belonging to shell corporations connected to Penta, a multi-million-euro investment group; the video claimed that Penta had used the companies to evade 400 million euros in taxes. Each of Matovic’s videos garnered several hundred thousand views in a country of less than 5.5 million, which helps explain why the February 2020 election boasted Slovakia’s highest voter turnout in 20 years.

Now, just one year into its mandate, OLaNO and its coalition are hard at work rooting out corruption. The government arrested and prosecuted dozens of current and former public officials involved in graft. Those targeted include high-level figures, such as the former Finance Minister, the head of the State Material Reserves Administration, the Director of the Agricultural Paying Agency, and more than a dozen judges, including a member of the Supreme Court and the former Deputy Minister of Justice. OLaNO is also pursuing a number of legislative efforts, including aggressive judicial reform.

Can Matovic and OLaNO finally cleanse Slovakia’s reputation as the corruption “black hole of Europe”? Maybe. But while the story of an outsider stepping forward in the wake of a national scandal and securing electoral victory with an anticorruption political agenda may be a first in Slovakia’s modern history, it is not an unknown tale on the world stage—and (spoiler alert!) the story often doesn’t have a happy ending. To be sure, difficult political dynamics and entrenched domestic corruption can hamper even the most earnest anticorruption efforts. Nevertheless, examples from other countries provide some cautionary tales of how populist leaders elected on anticorruption platforms can sometimes lose their way, and offer some lessons that Matovic, OLaNO, and their supporters should take to heart going forward. Three lessons in particular stand out:

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Guest Post: What Can Reformers Learn from the Populists?

Today’s guest post is from Michael Johnston, the Charles A. Dana Professor of Political Science, Emeritus, at Colgate University.

Few recent political trends have attracted as much concern as the rise of populism and illiberal democracy. Figures like Orbán (in Hungary), Duterte (in the Philippines), Bolsonaro (in Brazil), and Trump (in the U.S.), along with their enablers and sycophants, have disrupted democratic norms and processes in their home countries and encouraged similar movements elsewhere. They have emboldened corrupt and self-dealing actors while weakening and intimidating countervailing political forces. While populists frequently rail against a corrupt and decadent old order, promising to restore citizens to a position of power and sovereignty that in most instances they never actually enjoyed, these leaders seem to have little concern for those citizens after winning their votes. Indeed, perhaps we shouldn’t call these figures “populist” at all, given their tendency to abuse and mislead the very citizens they claim to represent. “Authoritarian nationalist” might be a more accurate label. But whatever we call them, they seem determined to undermine checks and balances and meaningful accountability, as well as the political trust and informal norms on which well-functioning governments depend.

This is bad news for those working to check corruption, as these populist/authoritarian nationalists’ undermining of accountability and institutional checks fosters a pervasive atmosphere of impunity. But might there also be important lessons that the anticorruption community can learn from these movements? I suggest that there are. Indeed, populist followings are telling us something important, something directly relevant to reform, if we listen closely. Continue reading

Adapting Anticorruption Enforcement to an Age of Populism and Polarization

Shortly after the U.S. Senate acquitted President Clinton in 1999, he apologized for triggering the impeachment process. President Trump, in contrast, declared that his acquittal called for “a day of celebration,” and immediately started firing White House employees who had testified before the House of Representatives. In 2008, then-Israeli Prime Minister Olmert resigned shortly after the police recommended that he should be indicted on corruption charges. In contrast, after Prime Minister Netanyahu was indicted on multiple bribery charges, he infamously said that Israeli citizens should “investigate the investigators,” and even with the trial approaching, Netanyahu shows no signs of considering resignation. Instead, he is currently fiercely promoting legislation to amend several of the Israeli Constitutional Basic Laws in ways that will allow him to remain in office for years to come. These troubling examples illustrate how the resurgence of populism, coupled with increasing polarization, are making it easier for corrupt politicians to evade accountability, even in countries with functional legal and judicial systems. Deep political divisions and strong partisan loyalty are not new, but in the past, it seems there was a degree of overlapping consensus on minimum standards of integrity and propriety, and enough citizens were willing to enforce these standards on a non-partisan basis that leaders would be restrained by political checks—enforced through things like elections and internal party discipline—that could complement judicial processes.

Moreover, leaders like Trump and Netanyahu have acted aggressively to undermine the institutions of justice in order to protect themselves. Both leaders have cavalierly attacked the professionalism and integrity of their country’s law enforcement agencies by suggesting that investigations targeting the leader or his associates are politically motivated “witch hunts.” And both have taken more concrete action to undermine the ordinary operation of the machinery of justice. In the U.S., after his Senate trial acquittal, President Trump intervened to help allies who had been found guilty in cases related to investigations of impropriety by Trump’s 2016 campaign. For example, Trump’s Attorney General ordered the Department of Justice to seek a more lenient sentence for Trump’s former consultant Roger Stone, and Trump pardoned or commuted the sentences of several others in a short and unorthodox process. Netanyahu has been even more aggressive in trying to weaken legal institutions in order to protect himself. After being indicted, Netanyahu fired the Minister of Justice and appointed in her place a low-ranking member of his party with no prior ministerial experience. The new Minister’s first action was to appoint a new Solicitor General—the immediate superior of the prosecution team in Netanyahu’s case–through an irregular process and against the recommendation of the non-partisan Attorney General. (Due to the political deadlock, the Minister is part of a caretaker government and could therefore appoint an interim Solicitor General without the approval of the public committee that the law would otherwise require.) On the eve of Israel’s third round of elections, the new Solicitor General decided—against the opinion of the Attorney General and many others—to launch a police investigation into a firm in which Netanyahu’s chief rival Benny Gantz served as a director (obscuring the fact that Gantz himself is not a suspect). More recently, the Minister of Justice gave the unprecedented order to freeze all non-urgent judicial procedures due to the Covid-19 outbreak—a move that indefinitely postpones Netanyahu’s trial. While the Covid-19 outbreak has disrupted or delayed judicial proceedings in many countries, there was no expert opinion supporting such drastic measures in Israel, especially given that Israel has more per capita testing and ventilators capacity than nearly any country on earth. Even now, when newly detected cases are close to zero, a new date for the trial has yet to be set. Moreover, to avoid a fourth round of elections, given the continued deadlock, Netanyahu is now fiercely and unprecedently promoting legislative amendments to Israel’s Constitutional Basic Laws that would allow him to hold onto office for years to come.

When professional, and traditionally non-partisan, law enforcement agencies find themselves under attack by corrupt populists, these agencies often do not respond, presumably due to the belief that the only way to maintain integrity, legitimacy, and professionalism in the face of such attacks is to refrain from commenting on unfounded claims meant to disparage state attorneys and police investigators. There is much to be said for that approach, but at the same time, the institutions of justice can and should do more to counter the attempts of corrupt populists to undermine those institutions in order to remain in power.

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Israel Needs to Fight Official Corruption. That Doesn’t Mean It Should Deprive Elected Officials of Their Right to Silence.

On April 9, 2019, millions of Israeli citizens will vote in the national legislative elections for the party they wish to represent them in the parliament (the Knesset). Numerous ongoing investigations into corruption allegations against senior officials and various public figures (including Prime Minister Benjamin Netanyahu) ensure that anticorruption will feature prominently on the agendas of most major political parties. One can only hope that the next elected Knesset will manage to pass effective anticorruption legislation. However, one piece of anticorruption legislation that has been repeatedly proposed should not be adopted: a de facto limitation on senior elected officials’ right to silence in criminal interrogations in which the officials are suspects. (The proposed legislation would also de facto limit elected officials’ narrower right of refraining from answering specific questions when doing so may put them at risk of criminal prosecution; for the sake of brevity I will discuss only the broader and more comprehensive right to silence.) Currently, elected officials enjoy the right to silence just like any other suspect in a criminal case in Israel, yet proposals have been repeatedly floated that would require certain high-level elected officials (such as the prime minister, ministers, Knesset members, or mayors) who exercise this right to be removed from office. Most of the bills, which differ from each other in certain respects, would apply to criminal interrogations related to the officials’ duty, but some go even further, with a broader application to any kind of criminal interrogation in which the officials are suspects.

The explicit goals of these bills are strengthening the war on corruption and promoting public trust in the rule of law. So far, none of these bills have been enacted, but Knesset members from across the political spectrum have been flirting with this idea for the last few decades, almost always in response to occasions in which Israeli officials (whose political views typically diverge from those of the proposing Knesset members) chose not to cooperate with the interrogators in corruption investigations. It is very likely that something like this will be proposed again in the next elected Knesset, as some parties have already declared in their official platform that they intend to promote such legislation.

While I agree that an elected official’s refusal to answer interrogators’ questions inspires a great deal of unease, adoption of the aforementioned bills would be unjustified and even dangerous. Although the proposed bills do not technically eliminate elected officials’ right to silence, requiring a public official to give up his or her position as a condition for exercising this right is a sufficiently severe sanction that the bills unquestionably impose a severe practical limitation on this right. If Israel were to adopt such a rule, it would be a significant outlier among peer nations: Research conducted by the Knesset’s Research and Information Center in 2007 found no equivalent limitation on elected officials’ right to silence in numerous legal systems around the world. Taking such a step would therefore be unprecedented, but more importantly, it would be unwise, for several reasons: Continue reading

Some Things Are More Important Than Corruption (Brazilian Elections Edition)

In the anticorruption community, it is fairly common to puzzle over—and bemoan—the fact that voters in many democracies seem to support candidates that are known or reputed to be corrupt. “Why,” we often ask, “do voters often elect or re-elect corrupt politicians, despite the fact that voters claim to despise corruption?” One of the common answers that we give to this question (an answer supported by some empirical research) is that even though voters dislike corruption, they care more about other things, and are often willing to overlook serious allegations of impropriety if a candidate or party is attractive for other reasons. We often make this observation ruefully, sometimes accompanied with the explicit or implicit wish that voters would make anticorruption a higher priority when casting their votes.

We should be careful what we wish for. Continue reading

Will Brazilians Elect Their Own Donald Trump?

Will Brazil get its own Donald Trump? Brazil’s next election is right around the corner (the campaign starts August 16, and first round elections are October 2) but currently Jair Bolsonaro—a right wing, pro-gun rights, anti-gay firebrand who has proudly branded himself the “next Donald Trump”—is polling first among eligible candidates, trailing only former president Lula Inácio de Silva—who as of now is not actually allowed to run due to his conviction on corruption charges—and the “null option” (that is, none-of-the-above). What explains Bolsonaro’s appeal? In large part, the issue of corruption. Revelations of graft and bribery have continued to pile up in Brazil over the last few years—most notably (though not exclusively) in connection with the so-called Car Wash investigation of corruption in Brazil’s state-owned oil company, which may have involved upwards of $5 billion in stolen public funds. These corruption scandals have already led to the impeachment and removal of former President Dilma Rousseff, criminal charges against the current President Michel Temer, and the conviction and imprisonment of former President Lula. Given all this, it’s little wonder that in a recent poll, corruption was ranked as the most important issue for 62% of Brazilian citizens.

Much as Donald Trump pledged to “drain the swamp,” Bolsonaro has centered his campaign on the issue of corruption. He asserts that he is the only candidate in the election who has not engaged in some form of corruption or white collar crime. Of the five major presidential candidates, he’s the only one who is not either from a major party that has been mired in a recent corruption scandal, or been part of a coalition with one of those tainted parties. (Bolsonaro’s party, the PSL (Social Liberal Party) is small, barely present at the national level, and he is advertising his status as a political outsider as one of his appeals.) Thus Bolsonaro has presented himself as the only candidate who will usher in a new, less corrupt era for Brazil.

This places some Brazilian voters who care deeply about corruption in a difficult situation. Many Brazilians may feel like their only alternative to perpetuating a corrupt system is to take a gamble on a disruptive figure like Bolsonaro. Indeed, at a recent campaign event, supporters cited his aggressive anticorruption and anti-crime stances as the principal reasons why they were planning to vote for him. Diehard supporters aside, it’s possible that some Brazilian voters who are not totally comfortable with Bolsonaro might nevertheless be swayed by his outsider persona and his aggressive attacks on Brazil’s current political class. For those who have followed U.S. politics over the past few years, this probably sounds disturbingly familiar—and indeed seems to fit into a now-recognizable pattern, also manifested in the Philippines’ 2016 election of populist, zero-tolerance Duterte. It’s precisely that similarity that should, and I hope will, give these on-the-fence Brazilian voters pause. Continue reading

Is the West Being Too Critical of Corruption in Ukraine? The Debate Continues

A couple weeks back I posted a commentary on an interesting debate over the West’s approach to promoting anticorruption in Ukraine. On the one side, Adrian Karatnycky (the Managing Partner of a consulting firm that assists international clients with government relations in Ukraine) and Alexander Motyl (Professor of Political Science at Rutgers) published a piece arguing that the West’s approach to promoting anticorruption was misguided, for two reasons: First, because (according to the authors) there was too much focus on punishing individual wrongdoers rather than on institutional reform, and second because the emphasis on the failings of the Ukrainian government (and the wrongdoing of individual Ukrainian officials) was undermining a reformist government, and would likely lead Ukrainian voters to embrace populist demagogues. On the other side, Daria Kaleniuk (the executive director of a Ukrainian civil society organization called the Anti-Corruption Action Center) countered that the only reason the Ukrainian government has made any progress on anticorruption reforms is because of pressure from the West, and that holding individual wrongdoers accountable is essential to making progress on this issue and restoring the faith of the Ukrainian people in the institutions of government.

My own take was that Ms. Kaleniuk is likely correct that individual accountability, though not sufficient, is a necessary component of an effective anticorruption strategy; Karatnycky and Motyl’s implicit argument that Ukraine could make headway on the corruption problem without an effective system for holding individual wrongdoers accountable, as long as the country pursues “institutional reforms” (like privatization and de-monopolization), struck me as both facially implausible and inconsistent with what we know about successful anticorruption reforms elsewhere. Karatnycky and Motyl’s second point, about “messaging,” struck me as harder. On the one hand, it’s true that emphasizing only problems and failures and shortcomings might breed cynicism, frustration, and possibly political instability. But on the other hand, exposing corruption may be the only way (or at least the most effective way) to mobilize public opinion to address some very real problems.

I probably wouldn’t have returned to this topic (about which, I can’t repeat enough, I lack genuine expertise), but Mr. Karatnycky and Professor Motyl published a rejoinder to Ms. Kaleniuk last week that I think merits further commentary. The new piece makes a number of separate points, and I won’t touch on all of them. But if I had to sum up their central argument, it would go like this:

Don’t be too critical of the ruling elites—even if those elites are pretty corrupt, and even if the only reason they’ve done much of anything about corruption in the past is because they’ve been pressured or shamed or coerced into doing so. If you’re too mean to them, they might lose the support of the people—and what comes next might be much worse.

That summary, which I admit is a bit of a caricature, might seem unfair. But I don’t think it is. Indeed, I not only think it’s an accurate distillation of Karatnycky and Motyl’s main argument, but I actually think that it’s an argument worth taking seriously, and in some circumstances might even be right. But I’m skeptical it’s right in most cases, and I remain to be convinced that it’s right about Ukraine. Under most conditions, I think it’s probably wrongheaded and dangerous to say that we shouldn’t criticize a government for failing to tackle corruption or try to expose the corruption of individual politicians out of a concern that doing so might undermine the legitimacy of the government.

So, before I proceed, let me make clear that my caricature—“Don’t say mean things about the kinda-corrupt-but-kinda-reformist incumbents”—really is a fair distillation of the argument. Here the key passages from Karatnycky and Motyl’s most recent piece: Continue reading

The Link Between Corruption and the Global Surge of Populism

“Populism” has been defined in many different ways, but the context in which the term is most frequently used today aligns with the definition proposed by Cas Mudde in The Populist Zeitgeist: “an ideology that considers society to be ultimately separated into two homogeneous and antagonistic groups, ‘the pure people’ versus ‘the corrupt elite.’” This formulation certainly captures the political style of the leaders discussed at last month’s Harvard Law School conference on “Populist Plutocrats: Lessons from Around the World,” including Silvio Berlusconi in Italy, Thaksin Shinawatra in Thailand, Joseph Estrada in the Philippines, and (perhaps to a somewhat lesser extent) Alberto Fujimori in Peru and Jacob Zuma in South Africa. And it certainly captures the rhetoric of Donald Trump.

A couple of previous posts have provided an overview of the Populist Plutocrats conference agenda and information about the video recording (see here, here and here). In this post, I want to use the conference discussions as a jumping-off point for thinking more generally about how populism relates to systemic corruption—both as a consequence and as a cause.

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