Monthly Archives: December 2016

The Lawyers’ Role in Perpetuating Corruption in Nigeria

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Nuhu Ribadu, the former head of Nigeria’s Economic and Financial Crimes Commission, spoke to lawyers in Abuja on December 1 on his experience fighting corruption in Nigeria and the role the bar played.

Ribadu came to international attention in the mid-2000s for his audacious efforts to combat the high level corruption then rampant in the country, a fight that led to attempts on his life and ultimately his illegal removal from office despite protests from Nigerian civil society and the international community.  Although Ribadu remains active in Nigerian public life, chairing a high level commission on corruption in the Nigerian oil industry and running twice (unsuccessfully) for public office, he has been relatively silent on the obstacles he faced as head of the EFCC.  In his December 1 speech, unfortunately at this writing still not available online, he explains how some of Nigeria’s most prestigious lawyers, known as SANs or Senior Advocate Nigeria, collaborate with some of Nigeria’s most corrupt actors to frustrate the country’s effort to eradicate corruption at the highest levels of government.

For the benefit of his friends in the international community (of which this writer is one) as well as for a useful insight on one of the challenges of tackling grand corruption, below are excerpts from that speech as reported in the Nigerian press. Continue reading →

What Can Young Lawyers Do To Fight Corruption Now that Trump Is President?

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I promise that eventually I’ll go back to blogging about things other than Trump, but that seems to be the most important challenge facing the anticorruption community right now. Also, I wanted to contemplate a question that a friend and recent law school graduate (who is currently working for the US government, and so cannot be identified by name) put to me in response to the “cry of despair” I posted in the immediate aftermath of the election. This young lawyer asks:

What can people do in the face of all this? Is there anything young lawyers who care about anticorruption policy can do? If we can expect a drop in enforcement and weakening of the FCPA, where can people concentrate their efforts?

This is a great set of questions, and I wish I had good answers. I don’t, but in the interests of contributing to these important conversations, let me offer a few preliminary thoughts (which are probably worth approximately what you’ve paid for them): Continue reading →

Community Development Agreements: A New Anticorruption Tool?

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Projects in the extractive industries are often enormous, long-lasting, multi-billion dollar affairs. Given the disruption, potential for environmental disaster, and permanent changes in the state of the land, these projects tend to generate conflict and controversy, especially in low-income countries, where citizens may enjoy fewer legal protections. As a way to mitigate these risks, some nations require extractive firms to enter into “Community Development Agreements” (CDAs) with local communities. (CDAs—which are also sometimes known as Benefit Sharing Agreements, Impact Benefit Agreements, or Community Joint Ventures—are sometimes voluntary corporate social responsibility initiatives, but my focus here is on CDAs that are required by, and incorporated into, national regulatory frameworks.) At the most general level, CDAs are created through a process that engages local populations in important decision-making about the project and its profits. The process varies, but usually includes the following steps:

  • Identify the people who will be affected
  • Allow those identified to determine what the community could gain from the project (whether that be jobs, money, education, infrastructure, long-term benefits, etc.)
  • Write a CDA that encompasses the demands of the community and aligns with regulatory requirements
  • Provide monitoring tools to the affected population
  • Set up dispute resolution systems
  • Strategize for how to prepare the population for the end of the project’s lifespan.

This process takes time and can be expensive. But extractive projects typically last for decades, and so building a sustainable relationship with the local population is vital to the project’s success. After all, many corporations fund similar stakeholder engagement processes without being required by law to do so. That is because CDAs can be a good business decision: empowering the community allows the company to avoid violent conflict and signaling that the firm is a good corporate citizen.

For those countries that do require a CDA for extractive projects, the law also regulates the substantive terms, requiring CDA contracts to contain certain clauses–typically monitoring components, dispute resolution mechanisms, and local spending or employment quotas. However, one thing that is never included in a CDA is an anticorruption clause. The words “bribery” or “corruption” appear nowhere in the World Bank’s model CDA agreement, and the Columbia Center on Sustainable Investment (CCSI) is silent on the issue. Building on recent work by Abiola Makinwa and James Gathii, I posit that CDAs should include anticorruption clauses, to empower private citizens in fighting corruption in public contracts. The basic idea is to allow the recognized community members—those covered by the CDAs—as “third party beneficiaries” to the contract between the government and the extractive company. The community members would then be entitled to sue if there was corruption in the making or execution of the contract.
Continue reading →

The Crucial Role of Corporate Boards in Ensuring Corporate Integrity

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Volkswagen’s diesel emissions cheat has cost the company dearly. Last October, Volkswagen reached a US$16.5 billion dollar settlement with the US government, and the value of Volkswagen’s stock today is worth about 50% of what it was before the scandal – a US$60 billion drop in the company’s valuation. Criminal charges against several senior managers, including chairman Hans Dieter Poetsch, are still pending. Countless customers are furious, while many employees fear for their jobs as Volkswagen scrambles to cut its costs. (Some background on the scandal, as well as a regularly updated timeline, can be found here.)

What started as a “simple cheat” became a slippery slope for the whole company. Volkswagen failed to create a culture of corporate integrity; the institutional checks and balances that are supposed to prevent something like this from happening were purposefully or ignorantly subverted, and the company created all the wrong incentives. As Alison Taylor has argued on this blog, these are the perfect ingredients for a corrupt corporate culture.

Who to blame for this mess (and, similarly, many other corporate messes)? Just as “a fish rots from the head down,” a company’s board of directors must take responsibility for creating or allowing a toxic corporate culture that permits cheating and other unethical and illegal behavior. Continue reading →

Guest Post: When and How Will We Learn How To Curb Corruption?

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GAB is pleased to welcome Finn Heinrich, Research Director at Transparency International, who contributes the following guest post:

Listening to conversations about corruption among global policy-makers, corruption researchers, and anticorruption activists alike, I can’t help but notice that the focus of anticorruption research and policy is changing. The 1990s focused mainly on demonstrating that corruption exists and finding ways to measure it (largely through perception-based indicators), and the early 2000s were about assessing corruption risks in specific countries, sectors, or communities, and assessing the performance of anticorruption institutions. More recently, researchers (and their funders and clients) are shifting from the “Where is corruption?” question toward the “How can we fight corruption?” question. They ask: Do we know what works, when, where, and under which circumstances in curbing a specific type of corrupt behavior?

Answering such questions is extremely challenging. Corruption’s clandestine nature makes it difficult to measure, data is often of low quality or simply not available for time-series or cross-sectional analysis beyond aggregate country-level indicators. Furthermore, anticorruption interventions often lack an underlying theory of change which would be needed to design robust research evaluations to find out whether they worked and if so, how (and if not, why not). And we lack realistic but parsimonious causal models which can take account of contextual factors, which are so important to understand and tackle corruption, as corruption is an integral part of broader social and political power structures and relationships which differ across contexts. Similarly, there is a lack of exchange between micro-level approaches focusing on specific, usually local anticorruption interventions, on the one hand, and the macro-level literature on anti-corruption strategies and theories, on the other.

While we at Transparency International certainly do not have any ready-made solutions for these extremely tricky methodological and conceptual issues, we are committed to joining others in making headway on them and have therefore put the “what works” question at the heart of our organizational learning agenda by engaging in reviews of the existing evidence as well as ramping up impact reviews of some of our own key interventions. For example, we have just released a first rapid evidence review on how to curb political corruption, written by David Jackson and Daniel Salgado Moreno, which showcases some fascinating evidence from the vibrant field of political anticorruption research. We are also working with colleagues from Global Integrity on a more thorough evidence review on corruption grievance as a motivator for anti-corruption engagement and are planning further evidence reviews and impact evaluations.

As we start to get our feet wet and figure out how to best go about generating and making sense of the existing evidence on what works in anti-corruption, we are keen to engage with the broader anticorruption research community. Maybe there are others out there who have some ideas about how to go about learning about what works in fighting corruption? If so, please use the comment box on this blog or get in touch directly at acevidence@transparency.org.