The Trump administration has decided that raising tariffs is not enough to advance the economy and the security of its people. It considers that—because it affects the global competitiveness of “gringo” companies—the administration should also suspend the US law that punishes companies for paying bribes abroad (Foreign Corrupt Practices Act – FCPA) and concentrate on the prosecution of cartels and transnational criminal organizations. As a result, the rule of law in the US and globally will suffer serious setbacks, contributing to impunity for white-collar crime. In this issue of El Sur Global, we zoom in on some of these effects, such as the loss of deterrence in the fight against grand corruption. We also propose a few formulas to counteract these effects and continue fighting impunity, based on Professor Roht-Arriaza’s forthcoming book, Fighting Grand Corruption and the Italian formula that has lowered the levels of the mafia’s institutional capture.   

To begin with, in the article “Trump’s Abandonment of the Global Fight Against Corruption” by Vivian Newman, we analyze the Foreign Corrupt Practices Act (FCPA) and its effects which have produced many sanctions in Latin America. Such is the case of Grupo Aval-Corficolombiana which, although in Colombia due to judicial errors and inaction of former prosecutor Cabello did not pay a single peso for collective damages, it had to pay 80 million dollars as a sanction in the US for the corrupt acts in its alliance with Odebrecht for the construction of Ruta del Sol II. Thus, Trump’s move to suspend the FCPA will remove the pressure felt by white-collar criminals in large international businesses, eliminate small businesses along the way, and lead us to the law of the jungle. 

Then, in the text “The Italian Formula for Fighting Corruption and Organized Crime” by Vanessa López, we focus on some of Italy’s proposals for fighting corruption and mafias. Although the institutional reforms carried out in this country cannot be transposed to other contexts without a detailed analysis of causes and effects, they are at the origin of the country’s progress. These measures deserve serious consideration because they provide justice and security to citizens plagued by the scourge of corruption, which in turn contributes to the economy, without strangling the rule of law, as opposed to Trump’s style. 

Finally, fresh from Cambridge University Press’s printer, we will hear about Naomi Roht-Arriaza’s forthcoming book on the fight against grand corruption and its impact on human rights in Latin America. We interviewed her to discover that this academic writing includes case studies that are serious, thoughtful and very relevant like everything she has done in her nearly 30 years of teaching international law, human rights, damages and accountability at the University of California Law School. So in this issue we decided to ask about her findings and the relevance of the text she has just written.

Despite the politicization of the human rights discourse and the defunding of agencies responsible for ensuring compliance, as well as the current limitation of USAID funding and what this may also entail in Europe, Naomi believes that linking the fight against corruption to human rights discourse remains strategic and presents effective ways to achieve redress. She believes that economic inequality and populist authoritarianism must be fought by linking anti-corruption to the discourse and practice of human rights, because “making the victims of corruption visible is a way to see the root causes of many violations.” She believes that only a global alliance can lead this anti-corruption and human rights agenda combined with the protection of democratic institutions and the environment.

In addition to worrying about institutions, anti-corruption and human rights, we need to think about how to make the world a safer place, without affecting the economy and without losing democratic gains. Here we share some ideas and strategies to develop together.