MEXICO: An Introduction to Compliance
Navigating the Landscape of Anti-Corruption Efforts in Latin America: A Focus on Mexico
As the fight against corruption continues in Mexico, notable progress and challenges shape the country’s anti-corruption landscape. In this article we shed some light on recent developments, initiatives and enforcement efforts contributing to the broader narrative of compliance and combating corruption in the region. Mexico’s outlook for the near future contains both cause for optimism and daunting challenges.
Mexico is in an optimum position to benefit from the new industrial policy enacted by the United States, which involves reshoring a significant amount of its manufacturing to North America. The United States-Mexico-Canada Agreement will also continue to foster a favourable investment environment. Banxico estimates that the economy will grow between 2.3% and 3.7% in 2024. Elections in the United States should be something to consider, especially if Donald Trump becomes president once more, which would likely result in trade and migration with Mexico as a continuing political agenda.
Exiting President Andrés Manuel López Obrador and his administration faced challenges in fulfilling ambitious promises to strengthen the country's fight against corruption. The Corruption Perceptions Index (CPI) has continued to rank Mexico as the fourth lowest in the region in 2024, emphasising the need for enhanced anti-corruption measures.
In October, Dr Estela Fuentes Jiménez and Roberto Moreno Herrera signed a framework agreement between the Administrative Justice Court of Mexico City and the Executive Secretariat of the National Anti-Corruption System (Secretaria Ejecutiva del Sistema Nacional de Anticorrupción- SESNA). This collaboration aimed to develop a National Digital Platform, which makes public data to combat corruption effectively accessible. Mexico's National Anticorruption System (Sistema Nacional de Anticorrupción) implemented an Anti-Corruption Learning Platform in May, providing training tools for both public and private sectors.
NGOs focused on anti-corruption such as Tojil, Mexicanos Contra la Corrupción, and Impunidad Cero, have continued to advocate for recognising Mexican society's standing as victims of government corruption, challenging the prevailing position where government departments are typically recognised as such.
In February 2024, Tojil achieved a victory for transparency, making the National Institute of Access to Information (Instituto Nacional de Acceso a la Información) order the Ministry of Foreign Affairs to surrender information regarding diplomatic actions related to Antonio Tarek Abdalá, the former treasurer of Javier Duarte’s government. As governor of the State of Veracruz, Javier Duarte was accused of diverting over MXN3,616 million originally allocated for public services.
In February 2024 President Andrés Manuel submitted several reforms which could potentially undermine the fight against corruption by weakening the country’s democratic model. Out of the 20 initiatives, three of them pose a significant threat for Mexico’s SNA and to the Federal Judiciary.
The President’s judicial reform proposes the reduction of the Supreme Court’s 11 to 9 justices. Significantly, the reform contains provisions foreseeing the removal of the current Supreme Court justices and the appointment of new ones. This proposal endangers the delicate checks and balances which determine the limit of authorities against citizens’ human rights.
Moreover, the reforms seek to dismantle Mexico’s INAI, leaving entities which were bound by transparency laws to act as both judge and party to information requests from private parties, making access to public information a choice rather than an obligation.
Finally, the reforms propose to eliminate the SESNA and integrate it to the Ministry of Public Affairs (Secretaría de la Función Pública). The elimination of the SESNA would hinder the objective of the National Anticorruption System, which is to detect and eradicate corruption through coordination between its integrated entities.
Despite efforts to strengthen anti-corruption measures, enforcement in Mexico remained relatively sparse in 2023. Only 5.2% of crimes committed in Mexico are solved, impunity continues to be one of the largest challenges faced by the country.
María Elisa Vera Madrigal from the Specialized Prosecutor’s Office for Combatting Corruption noted the office's growth to 60 prosecutors handling approximately 800 investigations per year. However, concerns about caseload and limited mandate persist.
Amidst a crucial presidential election on the horizon, Mexico finds itself at a pivotal crossroads. The impending electoral process not only entails the selection of the nation's president but also of all 500 members of Congress, all 128 senators, and various local officials. The nomination of two women, Claudia Sheinbaum and Xóchitl Gálvez, by Mexico's predominant political parties signals a potential paradigm shift. Claudia Sheinbaum, a longstanding advocate of President López Obrador’s Morena party, currently leads in most polls, suggesting a continuity of policies.
In summary, Mexico's ongoing battle against corruption necessitates unwavering efforts, collaborative initiatives, and a steadfast commitment. The outcome of the imminent elections, coupled with the continual evolution of anti-corruption endeavours, will undeniably wield a profound influence on the nation's capacity to effectively address the challenges posed by corruption.