Institutional impact of criminal networks in Colombia and Mexico

This paper explores the effects of criminal networks involved in corruption and drug trafficking on democratic formal institutions in Colombia and Mexico. The theoretical framework is sustained in the concepts of State Capture (StC) and Co-opted State Reconfiguration (CStR). Three illicit networks are analyzed: (i) The Familia Michoacana in Mexico, (ii) the Autodefensas Campesinas del Casanare (ACC) in Colombia and (iii) the Autodefensas Unidas de Colombia (AUC). These cases are analyzed throughout the Social Network Analysis (SNA) in order to identify (i) the hub and (ii) the structural bridge of each network. A methodological variation referenced as Social Network Analysis for Institutional Diagnosis (SNAID) is also applied, in order to analyze the institutional scope of processes of StC and CStR. Conclusions and explorative venues regarding the application of SNA and SNAID as a diagnosis tool are presented.     

Las funciones de los consejeros independientes de las sociedades en México: Recomendaciones para el cambio a partir de las asimetrías existentes entre la práctica y la ley

The legal notion of an independent board member was introduced to the Mexican legislation in 2005. The goal was to improve the corporate governance of the corporations listed on the stock exchange. It was thought that including the independent board members would help to better represent the interest of the minority holders, as well as to increase the level of accountability. This article challenges these ideas based on 10 interviews carried out with independent board members. It finds that what the law says is far from what actuatly occurs: they lack of an adequate level of knowledge to perform their tasks, their degree of independence is severely limited by the criteria used to appoint them and they usually ignore essential corporate information, which impede them from participating effectively in the board sessions. The article suggests the creation of an independent board member’s association, a mechanism that, along with a mandatory certification system, would improve the way in which they perform their duties.