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About Matthew Stephenson

Professor of Law, Harvard Law School

Guest Post: Model Open Government Partnership Commitments for Fighting Kleptocracy

Today’s guest post is from Jodi Vittori, Professor of Practice at Georgetown University:

This past January, I authored a report, co-sponsored by the Open Government Partnership (OGP) and the National Democratic Institute, entitled “Committing to Combat Kleptocracy: A Guide for Open Government Partnership Members.” The report explains how various kleptocrats and their “enablers” move illicit assets from the country where they were stolen to the locations where they will be stored and enjoyed. The report also discusses how kleptocracy undermines not only the countries where the assets were stolen, but also the transit or destination points for kleptocratic money, people, and other resources.  While it might seem like an infusion of money, assets, and rich people into a given country might be a benefit for that country (putting aside the moral issues), it turns out that these inflows have real drawbacks for the host state, contributing to governance backsliding, facilitating real estate manipulation and industrial asset stripping, exacerbating migration challenges, and undermining national security. The role of Russia’s kleptocracy in election interference in the West, as well as the corruption associated with China’s Belt and Road Initiative, have helped put the role kleptocratic inflows play in receiving states in the spotlight.

The OGP’s open government principles—to which all OGP member governments commit—are a set of norms that, if honored and implemented, will help countries fight back against inflows of kleptocratic assets. At the most basic level, the OGP stresses the importance of making relevant, usable, and timely information on governments available to citizens and civil society to hold their governments accountable. This helps ensure that public resources are managed transparently, fairly, and equitably. The report develops this further by outlining a series of model OGP commitments for consideration by governments and citizen activists, including the following: Continue reading

New Podcast Episode, Featuring Alison Taylor

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, host Dan Hough interviews Alison Taylor, a Clinical Associate Professor at NYU Stern School of Business and the author of the recently published book, Higher Ground: How Business Can Do the Right Thing in a Turbulent World. The interview, like the book, focuses on the topic of business ethics, including how the corporate sector addresses issues relating to bribery and other forms of corruption. In the interview, Alison first talks about her career path, which began focused on conducting investigations into corruption by businesses, and then broadened out to consider issues of corporate responsibility and business ethics more broadly. She then describes the impact of international anti-bribery laws on businesses, and raises some questions about the corporate compliance regimes these laws have created. You can also find both this episode and an archive of prior episodes at the following locations: KickBack was originally founded as a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). It is now hosted and managed by the University of Sussex’s Centre for the Study of Corruption. If you like it, please subscribe/follow, and tell all your friends!

New Resource Guide on Corruption Risk Assessment of Legislation

As a too-familiar cliché has it, an ounce of prevention is worth a pound of cure, and this is a message many in the anticorruption community have taken to heart. But talking in general terms about the  importance of preventing corruption is one thing; figuring out how to design specific, practical anticorruption measures is a much greater challenge. Among the preventative tools in the anticorruption toolkit, one that has shown some promise in a number of countries, and that has attracted attention in many others, is the pre-enactment analysis of proposed laws to assess the corruption risks associated with those laws. This process is sometimes referred to as “corruption risk assessment” (CRA). (It is also—rather unfortunately—sometimes referred to as the “corruption-proofing” of proposed legislation, a label that vastly oversells what this sort of assessment is capable of doing.) We have had a couple of posts on this technique on the blog previously (see here and here).

Last month, the National Democratic Institute (NDI) published a useful resource guide on CRA intended primarily for parliaments (and other legislative bodies), authored by GAB’s own senior contributor Rick Messick. (Full disclosure: I provided some comments on a very early draft of the guide, and I also worked as a consultant, though in a comparatively minor role, on a related project with the NDI’s Bangkok office.) To quote from the introduction, this guide “suggests how a CRA procedure can be incorporated into the standing rules of parliament and provides a checklist of issues the CRA should consider…. While primarily written for stakeholders in parliament, the guide can be adapted for use by anti-corruption agencies, executive branch agencies, civil society organizations (CSO) and other groups to detect and highlight the corruption risks that exist in legislative processes.”

The link above goes to the NDI page with information about the guide and related documents. You can also go directly to a PDF of the guide itself here. I hope some of our readers find this to be a useful resource.

New Podcast Episode, Featuring Sankhitha Gunaratne

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, host Liz David-Barrett interviews Sankhitha Gunaratne, Deputy Executive Director of Transparency International Sri Lanka. Ms. Gunaratne emphasizes how the recent economic crisis in Sri Lanka has laid bare the extent to which kleptocratic actors have captured key pillars of the state, and she provides more detail on the methods that these actors have used to effectuate their state capture, including the suppression of accountability institutions and militarization of key government positions.Ms. Gunaratne then outlines the strategies TI Sri Lanka has employed to respond to this challenge, including the use of strategic litigation and leveraging the influence of international financial institutions. You can also find both this episode and an archive of prior episodes at the following locations: KickBack was originally founded as a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). It is now hosted and managed by the University of Sussex’s Centre for the Study of Corruption. If you like it, please subscribe/follow, and tell all your friends!

Guest Post: How the Azerbaijani Government Corrupts Western Democracies with “Caviar Diplomacy”

Today’s guest post is from Aram Simonyan, a Calouste Gulbenkian Foundation Scholar at the University of Sussex.

Artsakh, or Nagorno-Karabakh, is an autonomous region primarily populated by ethnic Armenians. (That the region is part of Azerbaijan rather than Armenia is due to a 1921 decision by the USSR central government.) In 2020 Azerbaijan, with outspoken support from Turkey, gained power over notable territory in Nagorno-Karabakh. Then, in December 2022, the Azerbaijani government closed the Lachin corridor (the only land route between Nagornon-Karabakh and Armenia), thereby cutting off 120,000 ethnic Christian Armenians in the contested enclave from the outside world—and from food, medicine, and other primary goods. And in September 2023 Azerbaijani military, with the apparent support of the Turkish president, forces swept into towns and villages, killing, shelling, and bombing civilians—evoking trauma of the Armenian Genocide among the population.

Yet the reaction from the West has been shockingly muted. It’s hard to ignore the striking contrast between the round-the-clock media coverage of the Gaza conflict and the scarcity of news on Nagorno-Karabakh even when Azerbaijan was bombing Armenian hospitals, schools and beheading people. Critics have also pointed out how European institutions and Western companies have continued to do business as usual with Azerbaijan, notwithstanding its aggression.

Part of the justification for this may be that Azerbaijan helps meet the EU’s need for natural gas. (In July 2022, European Commission President Ursula von der Leyen referred to Aliyev as a “trustworthy partner” for gas supply to the EU, though since Azerbaijan imports gas from Russia, it’s not at all clear why the EU wanted to involve the Azerbaijani government in the supply chain.) But another reason is that Azerbaijan has made use of what critics have dubbed “caviar diplomacy”: the use of strategic bribery (direct and indirect) to corrupt and curry favor with Western governments and institutions. Continue reading

Upcoming Symposium on Integrity in Climate Finance: Call for Contributions

This coming May 9-10, the World Bank, Green Climate Fund, and Transparency International, together with several other partners, are jointly hosting a Symposium on Supranational Responses to Corruption: Integrity in Climate Finance and Action. The event will take place in London. The symposium theme is a timely one. At the most recent Global Conference of State Parties to the UN Framework Convention on Climate Change, states and financial institutions committed to record-breaking financing for climate solutions across sectors, and established the structure of the long-awaited Loss & Damage Fund to help developing countries. But corruption and fraud remain significant risks to public and private investments across developed and developing countries, and this means that the vast mounts of money that will be needed to address global climate change may be exposed to substantial integrity risks.

The conference organizers have recently published a call for contributions, and they are encouraging practitioners and scholars from all relevant areas (finance, law, economics, technology, sociology, etc.) and sectors (government, private sector, academia, financial community, non-profit, international organizations, etc.) to submit proposals. The organizers particularly encourage proposals that take an interdisciplinary or cross-sectoral approach.

Proposed contributions should be submitted to IntegritySymposium@worldbank.org by February 4, 2024–two weeks from today.

We hope that many of you will consider submitting proposals and join our efforts to support a creative, efficient, and coordinated evolution of integrity policies to tackle the specific challenges arising from climate finance and action, helping ensure that the deployed resources are going where they are sorely needed.

 

 

 

New Podcast Episode, Featuring Daniel Freund

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, host Dan Hough interviews welcomes back to the podcast Daniel Freund, a Member of the European Parliament and former Head of Advocacy for European Union Integrity at Transparency International. The interview focuses on different dimensions to the EU’s fight against corruption, beginning with a discussion of the struggle to protect EU institutions from undue influence, a problem illustrated by the “Qatargate” lobbying scandal. The conversation also explores the challenges of building institutional resilience to corruption within potential accession countries as well as EU member states themselves–most notably the question of how the EU should be responding to autocratic regimes like Viktor Orbán’s government in Hungary. You can also find both this episode and an archive of prior episodes at the following locations: KickBack was originally founded as a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). It is now hosted and managed by the University of Sussex’s Centre for the Study of Corruption. If you like it, please subscribe/follow, and tell all your friends!

New Podcast Episode, Featuring Andreas Bågenholm and Rekha Diwakar

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, host Dan Hough interviews Andreas Bågenholm (University of Gothenburg) and Rekha Diwakar (University of Sussex) about anticorruption political parties. These parties have proliferated in different parts of the world in the last two decades. Andreas and Rekha draw on their research in Europe and India respectively to talk about where these parties come from and what they stand for. They discuss how these parties have actually performed when they have entered into government, assessing in particular the track record of the Aam Aadmi Party (AAP) in Delhi. You can also find both this episode and an archive of prior episodes at the following locations: KickBack was originally founded as a collaborative effort between GAB and the Interdisciplinary Corruption Research Network (ICRN). It is now hosted and managed by the University of Sussex’s Centre for the Study of Corruption. If you like it, please subscribe/follow, and tell all your friends!

Guest Post: Despite Serious Flaws, U.S. Safeguards Against Political Corruption Can Serve as Model for the World

Today’s guest post is from Scott Greytak, the Director of Advocacy at Transparency International US.

As much of the world converges on Atlanta for the 10th Session of the United Nations Convention Against Corruption (UNCAC) Conference of the States Parties (CoSP), the urgent need for a renewed, reinforced, and relevant global anticorruption framework takes center stage. Among the most important issues to address concerns political finance transparency, an issue that the current version of the UNCAC does not directly cover. The United States is well-positioned to provide leadership on this issue. While U.S. laws on money in politics have failed to keep pace with America’s evolving political dynamics, aspects of these laws nevertheless can and should serve as inspirations for much of the world as it struggles with political corruption. The CoSP presents a chance for the U.S. to share its experiences and lessons learned with other countries, and to support resolutions and amendments to include commitments on political finance transparency in the UNCAC itself.

Suggesting that the U.S. can be a leader or a model on the issue of regulating money in politics may sound surprising. My colleagues and I at Transparency International US are all too aware of the many failings of American democracy, including the American approach to political finance regulation. More than in any other major developed country in the world, for example, people in the United States believe that rich people buy elections, and U.S. political finance laws are in urgent need of updating, to address persistent problems like the influence of “dark money” in elections, and the need for adequately funded public financing programs for political campaigns. But comparatively speaking, some pieces of the U.S. legal framework can serve as a useful benchmark. For instance, a survey by the Global Data Barometer Political Integrity Module and the International IDEA’s Political Finance Database revealed that of 181 countries surveyed, 100 do not have any limits whatsoever on how much money can be given to a candidate for office. In contrast, the United States has comprehensive contribution limits for candidates, political parties, and traditional political action committees (even though such limits are infamously absent when it comes to “independent” expenditure committees, or Super PACs). Emphasizing this best practice, among others, on the global stage in Atlanta could help jumpstart a much-needed exchange and collaborative approach that could raise the bar for all democratic and emerging-democratic countries.

To this end, the United States should support resolutions and amendments that require countries to enact and enforce laws that disclose campaign contributions to candidates and political parties, as well as expenditures made by those candidates and parties, in a timely and publicly accessible fashion. The U.S. can also support requirements that countries to establish and appropriately fund independent oversight bodies that monitor political spending and enforce political finance laws. The U.S. delegation can support protections for whistleblowers who call out political finance violations and can urge countries to expressly commit to sharing information, best practices, and resources in fulfillment of these commitments, and to engage with civil society closely and consistently when developing and implementing these measures.

Amidst yet another year of increasing global political unrest and accompanying anxieties, successful examples of U.S. laws can and must serve as inspirations to others. In an era of seemingly limitless challenges to democracy in all regions of the world, it is this collaboration and commitment that can fortify its foundations. A first step can and must be taken by the U.S. in Atlanta.

Announcement: ICRN Forum — Call for Applications

The Interdisciplinary Corruption Research Network (ICRN), on whose Board of Advisors I serve, will be holding its eighth annual ICRN Forum this coming June June 27 to 29, 2024 at the Institute of Social Sciences of the University of Lisbon. The ICRN Forum is a brings together early career researchers from diverse disciplines, including but not limited to anthropology, economics, history, law, political science, psychology, and sociology. Participant will have the opportunity to present their research (at different stages), exchange ideas, and take part in co-creation sessions.

Those who are interested in submitting an application to present at the Forum (including a registration form and a 300-word abstract) may do so here. The ICRN’s instructions for applicants indicates that the Forum organizers welcome theoretical and empirical contribution on corruption, anticorruption, and/or integrity–from practitioners as well as academic researchers–and that applicants may apply for any of the three types of sessions:

  • Research Findings: In these sessions, authors will present research at a more advanced stage. (That is, where the researcher has already carried out their fieldwork, collected data, conducted some degree of analysis, produced some results, even if preliminary.) We also encourage submissions focused on the promotion of completed papers, the discussion of fieldwork challenges, and/or possible analytical pathways based on already-collected materials.
  • Work in Progress: In these sessions, researchers will present early-stage ideas, with the main objective to help these researchers get useful feedback on research design, framing, and related issues.
  • Co-Creation-: These sessions will focus on developing new research ideas and/or open collaboration projects; these may include ideas for a joint publication, teaching activities, or the organization of conference panels, as well as more innovative ideas that may advance corruption research. Applicants to a co-creation session are expected to volunteer to moderate (chair) the session. Proposals for a co-creation session must include a clear description of objectives, procedure, guiding questions, and any other elements considered relevant for the successful holding of discussions.

The deadline for submitting applications is Friday, February 9, 2024. Notification of acceptance will be sent out in March 2024. There is no registration fee, but participants will bear their own travel and accommodation expenses. Any questions can be sent to the organizing team at icrn2024@ics.ulisboa.pt