Topic: Political Corruption in Latin America
Country: Kuwait
Delegate Name: Kyle Korte
School: Forest Hills Eastern High School
Topic page: background guide and all position papers All Kuwait position papers GLIMUN 2018 committees
In March 2014, a vast network of organized corruption took root in Brazil. Nicknamed Lava Jato, or Car Wash, this operation funneled billions of dollars to company executives of Petrobras, a state-controlled petroleum. Corruption, such as this bribery, is not unfamiliar to Latin America. From Jose Lopez, a public works secretary, stashing millions of dollars in nunneries to Peru’s president resigning amidst corruption scandals, Latin America has become riddled with a devastating disease that has proven hard to eradicate. Anti-corruption legislation, such as Chile’s passage of a public probity law that prevents conflicts of interest in the public sector, has proven to be ineffective and the perception of corruption across the region has risen steadily since 2012 according to Transparency International’s Corruption Perception Index (CPI), with both Uruguay and Venezuela, Latin America’s least and most corrupt countries respectively, dropping two points. Numerous anti-corruption movements have failed to ignite true change, as corruption scandals continue to erupt. The chaos created requires the help of the United Nations (UN). The International Commission Against Impunity in Guatemala (CICIG) combats criminal groups that have infiltrated state institutions. However, this mission has been criticized for infringing upon Guatemala’s sovereignty by their president, who is the target of an investigation into illegal campaign finance. The Guatemalan president, Jimmy Morales, plans to dismantle the commission through ending its mandate. Since 2006, the commission has helped jail three ex-presidents, as well as dozens of lawmakers, hit men, and drug traffickers. Nevertheless, all this work would be inconsequential if the mandate is ended. It is the duty of the Special Political committee to find a solution to this multifaceted problem that does not infringe on national sovereignty, but effectively diminishes the influence of corruption in Latin America.
The State of Kuwait has poured resources into fighting corruption at the national level. Kuwait has criminalized all forms of identifiable corruption, mainly through Penal Law 31/1970. This criminalizes passive and active bribery, attempted corruption, extortion, money laundering and abuse of office. The Kuwait Anti-Corruption Authority (Nazaha) aims to fight corruption, prevent its risks and consequences, and prosecute its perpetrators. This means establishing transparency in economic and administrative transactions, implementing the United Nations Convention against Corruption, and engaging citizens in the fight against corruption through education and civil society institutions and organizations. Recently, a joint cooperation project was created between the United Nations Development Programme (UNDP), Nazaha, and many other UN bodies in order to strengthen Nazaha. Kuwait has also donated nearly $200,000 to the International Anti-Corruption Academy (IACA) that will be used to fight corruption internationally. Additionally, Kuwait has signed a Memorandum of Understanding with the IACA and the Arab League that sets a framework for cooperation between the two organization in the areas of anti-corruption and compliance. Kuwait is dedicated to cooperate with international anti-corruption organizations and institutions and calls all nations to have the same dedication and desire. Moreover, Kuwait is willing to provide troops to global organization to work in the field. Kuwait is willing to help Latin America in their fight against corruption.
It is not only the duty of the Special Political committee to reaffirm the actions of the UN and other international anti-corruption institutions but also to put in place safeguards to ensure the viability and efficiency of them. Many of the resources to fight corruption have already been created, however, they need to be focused and tailored to the needs of Latin America. Latin America needs to be put under careful watch to ensure that all anti-corruption laws and provisions are executed with precision so the old problems do not return as they have in the past. One way to do this would be to expand the current UN Missions for Justice Support Peacekeeping Mission to all of Latin America. This will keep governments accountable for their actions as they will be under close watch by the UN. Whistleblowers also need to both have a platform to safely voice concerns about corruption and adequate protection from oppressive, corrupt governments such as those in Latin America. This can be achieved through funding to the National Whistleblower Center, a non-governmental organization (NGO) that protects the rights of individuals that report wrongdoings and ensure there is no fear of retaliation. It will prove to be a challenge to the Special Political committee to implement anti-corruption measures without infringing upon the sovereignty of the Latin American countries, thus it is necessary to have the support of these countries. One possible way to safeguard the sovereignty of Latin American nations is to encourage countries to enact their own anti-corruption legislation along through a nonpartisan, specialized judicial body to exclusively handle corruption cases so there is no conflict of interest. While this does not guarantee change, a subcommittee of the Special Political committee should be created in order to oversee these efforts and increase communication with political leaders in order to keep countries accountable.