Public governance

Professor Anne Peters on how anti-corruption organisations can survive in today’s volatile world

Professor Anne Peters, a renowned scholar of international law and governance, stepped down from her role as Vice President of the Basel Institute on Governance at the end of 2025. In this Q&A she looks back at her involvement with the Basel Institute since its inception more than 23 years ago. Her insights emphasise the importance of underpinning anti-corruption and governance efforts with interdisciplinary academic research, and of connecting abstract concepts like governance and asset recovery to real-world challenges like human rights, biodiversity and climate change. She traces the Basel Institute’s path from a small group of friends driven by individual passion to a highly professional, global centre of expertise on anti-corruption and asset recovery. This professionalism, she says, is essential for non-profit organisations to survive and even thrive in today’s unstable new world. Anne is known for her pioneering work on animal rights, human rights and corruption. She holds long-standing academic positions as Director of the Max Planck Institute for Comparative Public Law and International Law MPIL Heidelberg and Professor of International Law at the University of Basel. You were a part of the Basel Institute from the beginning. How did it all start? My engagement with the Institute took root when I joined the University of Basel in 2001 and met Professor Mark Pieth, the Institute’s founder and former President. He was involved in establishing the Wolfsberg Group, an early multi-stakeholder initiative of banks focused on developing anti-money laundering guidelines. This was a time when concepts like banking due diligence and know-your-customer were relatively unknown, and the idea of multi-stakeholder associations didn’t even exist. Because of Mark Pieth’s personal standing as a Professor of Criminal Law at the University of Basel and as Chair of the OECD Working Group on Bribery, he received requests for advisory and consultancy services on problems of corruption and governance. The Basel Institute gradually rose out of those beginnings, helped by individuals like Gemma Aiolfi and Thomas Christ, who continued to play key roles at the Institute for the next two decades. Back then we used to meet in cafés or in Mark’s office, and we just had a letterhead and a flyer describing the Basel Institute on Governance. Things became more formalised when we received seed funding from a foundation, drafted statutes and – this was the game-changer – hired Gretta Fenner in 2005. Gretta was the first paid staff member. We miss her dearly. What excited you about it? What did you bring from the academic world? I was young, I had energy and I liked Mark as a colleague and friend. The concept of governance was also quite new and exciting. I am a public international lawyer, not a criminal lawyer, so I had little technical expertise in corruption or money laundering. But since these crimes have clear transnational dimensions, my background in international law made sense. I was able to bring the academic perspective to the Institute’s work, later reinforced by Lucy Koechlin and Claudia Baez Camargo, who joined to lead research on public and global governance. The association with the University of Basel was crucial. It gave structure to the original idea: providing practical advice and assistance on corruption and governance, grounded in academic research. An important aspect was financing doctoral students who would work at the Basel Institute while completing their PhDs. I supervised three such dissertations. This academic underpinning and insistence on research and evidence is still one of the Basel Institute’s strongest points. What other milestones and innovations do you remember? A major academic milestone was our conference on non-state actors and the resulting book, Non-State Actors as Standard Setters , which was published with Cambridge University Press in 2009. The term “non-state actor” – covering the private sector as well as non-profit organisations, academia, the media and the like – was still novel. I co-edited the book with Gretta Fenner, Lucy Koechlin and our former Board colleague and social anthropologist Till Förster. It was a serious and influential publication that is still cited today. I remember us retreating for a full day to review drafts. At first the mix of different writing styles and perspectives – political science, law, social anthropology and sociology – was a bit of a shock. Then we realised the value of this interdisciplinary nature in helping to gain a holistic perspective of how non-state actors can contribute to setting governance standards in the messy world of real life. Again, this interdisciplinary approach remains central to the Basel Institute’s current work. How did the Basel Institute’s work expand into so many different areas – from asset recovery to conflicts of interest, to money laundering in the art market. What’s the connection? Personal interests, reputations and networks mattered greatly. And new concepts were appearing in the international anti-corruption arena. People and governments needed help working out how to apply them in practice in different contexts. That’s what happened with asset recovery, a concept that appeared in the 2003 UN Convention Against Corruption with the aim of depriving corrupt actors of their criminal gains. We developed a distinct workstream at the Basel Institute that soon became the International Centre for Asset Recovery. The concept and practice of Collective Action – sustained, trust-based multi-stakeholder collaboration with the private sector to address specific corruption challenges – evolved in large part thanks to our colleague Gemma Aiolfi’s tireless efforts. Similarly, it was a personal interest that led myself and fellow board member Lukas Handschin to edit a book on Conflict of Interest in Global, Public and Corporate Governance published by Cambridge University Press. It’s a topic that I was convinced was underappreciated at the time and is now, in these current times, showing its importance. We did early work on money laundering in the art market. Again this was a personal interest of our board member Thomas Christ that is now a key concern for not only money laundering but sanctions evasion. A newer area we have helped to establish internationally is green corruption, i.e. applying anti-corruption and governance tools to address challenges like the mass extinction of species, biodiversity decline, the climate crisis. This is a topic that is dear to me personally and that is evolving fast. Common to this all is how the Basel Institute applies anti-corruption and governance research and tools to different fields that really matter in the world, from business to health to environmental protection. And human rights? How does that connect to corruption? My interest in the intersection between corruption and human rights grew from Gretta’s involvement in several side events at the UN Human Rights Council in Geneva. I began thinking about legal relationships between corruption and human rights and whether, for example, states have a human rights obligation to protect citizens from corruption. I wrote a Working Paper on the topic for the Basel Institute back in 2015 and later published two academic papers. You can get a short overview of the topic in this Quick Guide to corruption and human rights. The Office of the High Commissioner for Human Rights UN Human Rights references my work in a recently published practical guide on corruption and human rights to which I contributed, as well as other work of the Basel Institute on human rights in the context of asset recovery laws. It’s great to see our scholarly work being used to underpin practical international guidance that will ultimately have impact on people’s lives. What does the current global context mean for anti-corruption efforts and organisations like the Basel Institute? We are in a period of profound global change. The political order is fundamentally shifting and the optimism of the 1990s is all but gone. The United States, an early driver of international anti-corruption treaties, efforts and successes, is retreating from its role. In some countries, anti-corruption laws and campaigns are misused for political purposes. Even if concepts like good governance, rule of law, human rights and democracy don’t seem to be en vogue right now, they remain important. Not least because they, and corruption, are key to understanding and tackling today’s toughest challenges, from poverty and inequality to crime and conflict. So non-profit organisations like the Basel Institute are more essential than ever, as are other non-state actors dedicated to tackling corruption and governance challenges. But it’s not easy for small organisations to survive in this rocky world, and many face their own governance challenges. That’s why it’s good that the Basel Institute has professionalised its governance and compliance structures over the years, while keeping the sense of passion and personal conviction that characterised its early years. Any bright side for those who care about anti-corruption and governance? On the positive side, public awareness, opposition and global debate about corruption is far stronger than in the past. And much of international law – on travel, transportation, communication, diplomatic relations etc. – functions quietly and effectively every day. Despite how dire the current situation seems, change for the better has only ever occurred after major catastrophes. For example, the establishment of the International Criminal Court in 1998 was a direct result of the rape camps and the Srebrenica massacre in Bosnia and Herzegovina. The question is how severe crises must become and how much they must affect people directly before meaningful reform occurs. Climate change, biodiversity loss and pollution, for example, are slow-moving crises that still feel abstract to many. What’s coming up for you personally? In my research I remain focused on the big-picture development of the international legal order. I look forward to the publication in 2026 of the Oxford Handbook of Global Animal Law , which I co-edited and which seeks to authoritatively establish this fairly new field of international law. Alongside my research I continue to advise the German Foreign Affairs Department and sometimes the Swiss, too , and will serve as an expert witness on international legal questions in a case before a domestic court. And, of course I will continue to follow and support what the Basel Institute is doing. The organisation and its mission remain dear to my heart. Thank you, Anne Peters, for your time and for your unwavering support and guidance over so many years. We wish you well in your future endeavours and adventures.

Peru’s Integrity Week celebrates transparency and good governance, including for the environment

While most of the world celebrates International Anti-Corruption Day on 9 December, Peru has kickstarted a new tradition: an entire week dedicated to integrity, transparency and anti-corruption events and celebrations. The country celebrated its first Semana de Integridad Pública – Public Integrity Week – last December, following the passing of a law that dedicates the second week of December each year to the occasion. The aim is to reinforce the country’s commitment to transparency and ethics in public administration. Our teams were closely involved in the various events that took place across the country. Building integrity in public finance management Members of our Subnational Public Finance Management programme or Programa GFP Subnacional organised and participated in 14 events in nine different regions. In total, the events involved more than 2,000 individuals in person and a similar number online. Topics included ethical leadership, policies and strategies to mitigate risks and promote transparency in public administrations, and the role of asset forfeiture in fostering integrity and reducing impunity for corruption. The discussions and workshops underscored the commitment of the Swiss-funded programme to: Strengthen capacities: Provide tools and practical knowledge to identify and manage the risks that affect public integrity. Promote multi-stakeholder dialogue: Encourage collaboration between different parties, including government, the private sector and civil society, to address ethical and transparency challenges together. Inspire action: Promote a culture of integrity and accountability as the basis for inclusive and sustainable development. Green corruption high on the agenda Our Green Corruption prevention team, funded by the UK's Conflict, Stability and Security Fund, also participated in 18 separate events, reaching over 6,000 participants in person and more online. Our team drew attention to the fact that corruption is a key enabler of illegal trade in natural resources. Illegal logging in the Peruvian Amazon, illegal mining or wildlife trafficking pose serious threats to the country’s environment, people and economy. But these complex crimes can’t be addressed without an active focus on corruption prevention. The prominence of this topic during Integrity Week is an important achievement. It reflects increased awareness and interest in green corruption among Peruvian authorities, specifically from the Ministries of the Environment and Agriculture, as well as the national Secretariat for Public Integrity that led the organisation of the events. Learn more See the press release in Spanish . See photo highlights from events in Loreto. Watch a series of three debates about asset recovery law and practice in Peru, released at the same time as Integrity Week.

Legal amendments boost Seychelles’ ability to recover illicit assets

A newly amended law in the Seychelles will enable our partners at the Anti-Corruption Commission of Seychelles ACCS to more effectively prosecute corruption and associated money laundering cases, as well as to seize and confiscate proceeds of crime. Our International Centre for Asset Recovery ICAR contributed advice and recommendations to the Seychelles Government on the Anti-Corruption Amendment Act, 2022%20Act%202022.pdf , which the Seychelles National Assembly approved in full on 19 May 2022. Key changes The new law amends the Anti-Corruption Act, 2016 to: Enable the ACCS to investigate and prosecute offences of conspiracy and attempt under the Penal Code. Without this amendment, the ACCS, created in 2016, could prevent, investigate, detect and prosecute substantive Penal Code offences of corruption or theft, for example, but not conspiracies or attempts to commit these offences. Allow the ACCS to prosecute offences of money laundering that occurred not only after the current Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 2020 AML Act came into force, but also while the previous 1996 and 2006 AML Acts were in force. It also enables the ACCS to apply for restraint of assets and confiscation under those previous laws. Clarify the offences created under Section 40 of the Anti-Corruption Act of conspiracy and attempt. The revised offences created are now coherent and in line with other similar offences under the Penal Code, using the same definitions. Closing a money laundering loophole In addition, the Anti-Corruption Amendment Act, 2022 has made an amendment to the 2020 AML Act to cure an important loophole. Under the 2020 AML Act, as enacted, it was not possible to prosecute someone for money laundering where the property that they were laundering originated from a criminal offence that took place before the Act came into force. The amendment ensures that people can now be prosecuted for acts of money laundering that took place after this law came into force, even if the original criminal act that generated the money took place before that. There were arguments that this was introducing a retrospective law. This is not the case, since it is the act of money laundering which is being prosecuted and not the criminal act that generated the money. Why are these amendments significant? In practice, the amendments enable the ACCS to: investigate and prosecute all offences of corruption, whenever they took place; prosecute linked offences of money laundering as well as conspiracies / attempts to commit offences; use the asset recovery powers which were available when the offences took place. The extension of these powers to the ACCS means that suspects can be investigated and tried for all relevant offences in one trial, rather than having to face separate trials by the ACCS and the Attorney General for offences arising out of the same facts. This change will help to resolve an issue that is hindering progress in the high-profile "Black Iron" corruption case. The case relates to the alleged misappropriation of USD 50 million loaned to the Republic of Seychelles during the presidency of the late Albert René. Progress in combating corruption and money laundering May de Silva, Commissioner of ACCS, has welcomed the partnership with ICAR, which strengthens the capabilities of the institution. She said: We welcome the support of ICAR and we have seen the immediate benefit to this partnership with ACCS. This is a new institution which has started applying the Anti-Corruption Act 2016 and AML/CFT Act 2020. The support of legal experts in assisting ACCS fight corruption and money laundering will strengthen our institution and ensure that we have all tools necessary to return our stolen assets. Financial and economic crimes are complex and the Black Iron case is one such case which have shown the limitations of our laws in this sector. We thank ICAR for their invaluable contribution and continued support. Joe Spicer, Senior Asset Recovery Specialist at the Basel Institute’s International Centre for Asset Recovery, supported the ACCS by advising on the proposed amendments. He commented: Too often we see that political rhetoric on corruption is not met with adequate support to the agencies charged with fighting corruption. So it is particularly pleasing to see that when the ACCS went to Government to seek amendments to the law to enable it to more effectively carry out its mandate, the government responded affirmatively and expeditiously introduced the Bill to the National Assembly. A stronger foundation The ACCS and the Basel Institute on Governance signed a case consultancy agreement in March 2022 covering capacity building and technical assistance for complex case work and legislative reform. We look forward to continuing to support the ACCS in its important work to combat corruption and recover stolen funds for the benefit of the people of Seychelles.

Enriquecimiento ilícito – open-access book on illicit enrichment laws now available in Spanish

Versión en español aquí. We are delighted to announce that our open-access book, Illicit Enrichment: A Guide to Laws Targeting Unexplained Wealth by Andrew Dornbierer is now available in Spanish. The book explores the rapid growth of illicit enrichment unexplained wealth legislation around the world and its use to target corruption and recover illicitly obtained assets. Like the original English version, it is a peer-reviewed publication that is freely available to read, download and share at illicitenrichment.baselgovernance.org. Targeting unexplained wealth in the Spanish-speaking world Many Spanish-speaking countries have drafted and introduced illicit enrichment legislation to target corruption. These laws are particularly prevalent in South and Central America, where 25 countries have already enacted some form of this type of law. While some countries have had success using these laws – such as Argentina and Mexico – other countries seem hesitant to consistently enforce these laws. Most of these countries have never actually used their laws at all. This is a common problem throughout the world. Why? One reason is that there isn’t a significant amount of commentary and guidance regarding how these laws can be drafted, investigated, prosecuted and adjudicated. Enriquecimiento ilícito: una guía sobre las leyes que abordan los activos de procedencia inexplicable will provide much-needed guidance to Spanish-speaking law enforcement agencies throughout the Americas region. It will also provide some foundational knowledge to practitioners regarding the investigation, prosecution and adjudication of these laws. The challenge of translating concepts, laws and practice This book was translated from English into Spanish by Pantoglot, Ltda. The translation was reviewed by Sandra Comesaña of Hengeler Mueller, a leading international corporate and white-collar law firm based in Germany. Commenting on the experience, she said: Andrew Dornbierer's and the Basel Institutes's work on Illicit Enrichment is an important contribution to the international effort of detecting, sanctioning and eventually preventing corruption and other financial crimes by "going after the money". The book's practical guidance on asset recovery in more than 100 jurisdictions is an invaluable tool for practitioners from both the private and public sectors and academics alike that is now finally available in Spanish, facilitating ready access for individuals and institutions specifically from the Spanish and Latin American markets. Hengeler Mueller is grateful for having had the opportunity to contribute to the Spanish version. Hengeler Mueller regularly advises international clients in various matters involving complex questions of multi-jurisdictional asset recovery both on its own and together especially with the members of its Best Friends network of Europe's leading independent law firms. The pro-bono support for the translation review was facilitated by The Academy of Financial Crime Litigators, an independent, non-partisan global centre that shapes and advances financial crime litigation practices for the future. About the book Published in English by the Basel Institute on Governance in June 2021, Illicit Enrichment by Senior Asset Recovery Specialist Andrew Dornbierer features: Extensive analysis of jurisprudence and cases from around the world Tables, flow charts and graphics explaining key concepts Discussion of common questions and challenges Contributions from practitioners around the world, including a discussion of the introduction and evolution of Peru’s criminal illicit enrichment offence by Dr. Alcides Chinchay, a Senior Prosecutor of the Peruvian Public Prosecutor’s Office. Annex 1: A collection of laws from 103 jurisdictions, also as an online database in English Annex II: A step-by-step guide to financial investigations and source and application analyses to support illicit enrichment cases in English Illicit Enrichment was developed and published by the Basel Institute on Governance through its International Centre for Asset Recovery, with research support from the NYU School of Law. Where to find it You can find the online version in both languages at: illicitenrichment.baselgovernance.org. Re-use and re-sharing are encouraged under a Creative Commons CC BY-NC-ND 4.0 licence. The book is also available to print at cost price from Amazon worldwide.

El Salvador’s rule-of-law election deserves our support – here’s how

On February 3, 2019, 37-year-old former mayor of San Salvador Nayib Bukele – the charismatic, anti-establishment, fringe-party candidate – won 53 percent of the vote in El Salvador’s presidential election. He takes office in June. The challenge confronting Bukele is stark, especially when it comes to the rule of law. But there are concrete things the international community can do to help the new president and his citizens. Unlike all the other electoral contests since the 1992 civil war, Salvadoran voters rejected both the conservative ARENA and left-of-center FMLN parties. Citizens’ distrust of the traditional parties stems largely from their disgust at pervasive corruption: three of the country’s past four presidents have been indicted on charges including illicit enrichment, embezzlement, and money laundering. El Salvador ranks 105 of 180 on Transparency International’s Corruption Perceptions Index. All too often, police officers shake down motorists on highways, gangs extort shopkeepers and taxi drivers, and politicians brazenly raid state coffers, leading to sclerotic government institutions that fail to provide basic services and public security, which in turn contributes to the migrant crisis spanning the United States, Mexico, and Central America. Keenly attuned to Salvadorans’ corruption fatigue, Bukele promised his supporters that, if elected, he would keep public officials from stealing public funds. That promise was short on details, but the international community can play a key role in filling in those plans and strengthening the institutions around Bukele’s administration. Here are four recommendations for shaping international support in El Salvador’s fight against corruption: Strengthen the presence of the state, one community at a time Corruption proliferates when no one is looking. But state resources are finite and—certainly in El Salvador’s case—scant, so government cannot be everywhere at once. The U.S. Agency for International Development USAID has embraced an empirically driven approach called Place-Based Strategy PBS , which promotes communication and collaboration among civic partners but does so in a way that targets specific communities and locales. The idea is to focus attention in a carefully selected location so that successes can be demonstrated, replicated, and scaled. PBS addresses the physical, social, structural, and economic conditions of a community that affect the well-being of the children, families, and individuals who live there. In the United States, it has yielded great results in settings such as the Harlem Children’s Zone in New York, the Kalamazoo Promise initiative in Michigan, and the Community Action Project in Oklahoma, raising indicators in public health, education, and family cohesion. In Central America, USAID has supported PBS in Honduras, for example, through its Unidos por la Justicia project, where PBS is helping to strengthen police-community relationships 60 municipalities in Honduras. By focusing resources in those locations, the project is seeing improvements in citizens’ perception of security, according to surveys of more than 600 citizens. Similarly, USAID’s Asegurando la Educación project works in Honduras’ vulnerable urban areas—in collaboration with district councils—to improve schools’ abilities to reduce school-based violence in at-risk communities. For example, this model promotes “Educators for Peace” professional development programming for 3,000 teachers from 115 schools working in contexts of crisis. PBS is no panacea. And, as in Honduras, like most development approaches it requires intimate collaboration with local governments and stakeholders, all aligned around measurable goals. But we know enough to say that PBS is a promising approach for El Salvadoran stakeholders seeking to cut corruption and violent crime. Help implement effective laws – reform those that get in the way El Salvador has strong laws on the book but does not effectively implement them. For example, the Illicit Enrichment Law calls for candidates to disclose their assets before and after they leave office, yet public officials have found legislative loopholes through which to steal public funds. Closing these loopholes—including those that allow conflicts of interest to flourish—is essential. In addition, El Salvador has ratified several international law instruments, signed on to commitments such as the UN Convention Against Corruption, and promulgated a 2011 Access to Information Law that paves the way for El Salvador’s Open Government Commitment. The international community can provide assistance to actually enforce these instruments, so their impact is felt by the citizens they are designed to protect and empower. Support auditors Salvadoran investigators need better tools to help them “follow the money.” For example, the Supreme Court’s Probity Unit and other institutions charged with tracking, investigating, and prosecuting corruption and recovering assets need technical support. In some 14 years of work with USAID to improve El Salvador’s tax administration, enhance budgeting, and mobilize domestic resources, DAI has seen firsthand how when administrative processes—particularly those involved in public procurement—are trackable, transparent, and systematized, and managerial discretion is minimized, corruption is mitigated and development indicators such as child mortality rates can improve. In the context of increasing tax revenues, El Salvador increased its social spending by more than US$100 million per year between 2007 and 2018. Stand with civil society Healthy civil society is essential to the anti-corruption agenda. Encouragingly, El Salvador stands as one of six pilot countries to participate in the U.N.’s Sustainable Development Goal 16 on peace and access to justice, which promises to increase access to justice globally by 2030. Journalists, private businesses, human rights defenders, and victim service providers have built their institutional capacity through activities such as leveraging social media, engaging in youth-power movements, and improving coordination at the grass tops and grass roots levels. However, journalists still lack vital investigative capacity, advocates don’t leverage all the available data, and victims of violence fear reprisals. There is still plenty of room to bolster the efforts of government and nongovernmental groups working to support fairness and the rule of law. As Gallup’s State of the Global Workplace shows, Salvadorans are hard-working, entrepreneurial, and resilient people. But without oversight and accountability, the institutions that condition their daily lives decline and apathy soars—opening the doors to graft. The nation’s recent elections are a plea to shut those doors. Empowered Salvadorans who can exercise their rights and expect services rather than corruption from their government are more likely to stay in El Salvador and join in building the safe, prosperous, and inclusive country they deserve. This guest blog was contributed by Chantal C. Agarwal, Senior Governance Specialist at international development company DAI. The views and opinions expressed in this article are those of the author and do not necessarily reflect the position of the Basel Institute on Governance. Responsibility for errors of fact likewise remains with the author. Photo: Santo Tomas municipal building, by Chantal Agarwal.

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