Category Archives: Guest Commentary

Dispatches from the UNCAC Conference of States Parties, Part 1: Revisiting the Jakarta Principles of Anti-Corruption Agencies

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Last month, the UN Convention Against Corruption (UNCAC) Conference of States Parties (COSP) was held in Vienna, Austria. In addition to the formal meetings of government representatives, the COSP also featured a number of panels, speeches, and other side events, at which leading experts discussed and debated a range of anticorruption topics. GAB is delighted that Northwestern Pritzker School of Law Professor Juliet Sorensen and her student Kobby Lartey, who attended the COSP, have offered to share highlights of some of the most interesting sessions in a series of guest posts. Today’s post is the first in that series.

Though specialized anticorruption agencies (ACAs) are dismissed by some as redundant or ineffective, last month’s COSP panel on “Revisiting the Jakarta Principles: Strengthening Anti-Corruption Agencies’ Independence and Effectiveness” made a strong case for ACA’s importance to the fight against corruption. (The Jakarta Principles are drawn from a 2012 statement drafted by anticorruption practitioners and experts from around the world; these broad, aspirational principles help anticorruption to protect themselves, and to offer inspiration for their work.) The panel, which included ACA commissioners from Indonesia, France, Romania, and Burkina Faso, as well as representatives from Transparency International, the UNODC, and UNDP, the panel highlighted the diverse struggles and successes of member states’ ACAs. Continue reading →

Guest Post: The Link Between Perceived Corruption and Sovereign Risk Ratings

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Today’s guest post is from Roberto de Michele and Francesco De Simone, of the Inter-American Development Bank and Ugo Panizza of the Graduate Institute of International and Development Studies in Geneva.

A year ago, at a seminar at the Inter-American Development Bank (IDB), a representative from one of the major private credit rating agencies got everyone’s attention with a single slide. That slide showed a strong positive correlation between corruption perception indicators and sovereign risk ratings. The simple yet compelling message: corruption, or at least its perception, negatively affects a country’s perceived credit risk, in turn may raise the country’s borrowing cost.

What are we to make of this correlation? Does it indeed indicate a causal connection between corruption and high borrowing costs? If so, what are the implications for policymakers? Although there was some discussion of this issue in the academic literature a decade ago, the subject had not received much attention. Intrigued by this simple correlation, the IDB Transparency Fund sponsored a study of this topic, for which one of us (Ugo Panizza) served as principal investigator. That study, published last October, is available in English and Spanish on the IDB website. The main findings were as follows: Continue reading →

Guest Post: Against the “More-Is-Better” Principle in Corruption Survey Design

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Frederic Lesne, a researcher at CERDI/Clermont Auvergne University (France), contributes today’s guest post:

A series of recent posts on this blog have addressed a persistent difficulty with corruption experience surveys: the reticence problem–in other words, the reluctance of respondents to give honest answers to questions about sensitive behaviors–which may be caused by fear of retaliation or by “social desirability” bias (fear of “looking bad” to an interviewer—see here, here, and here.) Various techniques have been developed to try to mitigate the reticence problem, leading to a range of different survey designs.

How can we tell if a corruption survey is well-designed? Some researchers, attuned to concerns about social desirability bias, implicitly or explicitly apply what some have dubbed the more-is-better principle. According to this criterion, the best wording for a sensitive question is the one that produces the highest estimates of the sensitive behavior (and the lowest non-response rates).

Yet there are reasons to question the more-is-better principle. Changing the wording of a sensitive question may not only alter its sensitivity but also the respondents’ understanding of the question and ability to answer it. This may lead to a measurement bias that causes the modified wording to produce higher estimates of the behavior, not because of more effective mitigation of social desirability bias, but because of the exacerbation of other forms of bias or inaccuracy. Consider a few examples: Continue reading →

Guest Post: Going Beyond Bribery? Improving the Global Corruption Barometer

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Coralie Pring, Research Expert at Transparency International, contributes today’s guest post:

Transparency International has been running the Global Corruption Barometer (GCB) – a general population survey on corruption experience and perception – for a decade and a half now. Before moving ahead with plans for the next round of the survey, we decided to review the survey to see if we can improve it and make it more relevant to the current corruption discourse. In particular, we wanted to know whether it would be worthwhile to add extra questions on topics like grand corruption, nepotism, revolving doors, lobbying, and so forth. To that end, we invited 25 academics and representatives from some of Transparency International’s national chapters to a workshop last October to discuss plans for improving the GCB. We initially planned to focus on what we thought would be a simple question: Should we expand the GCB survey to include questions about grand corruption and political corruption?

In fact, this question was nowhere near simple to answer and it really divided the group. (Perhaps this should have been expected when you get 25 researchers in one room!) Moreover, the discussion ended up focusing less on our initial query about whether or how to expand the GCB, and more on two more basic questions: First, are citizen perceptions of corruption reflective of reality? And second, can information about citizen corruption perceptions still be useful even if they are not accurate?

Because these debates may be of interest to many of this blog’s readers, and because TI is still hoping to get input from a broader set of experts on these and related questions, we would like to share a brief summary of the workshop exchange on these core questions. Continue reading →

French Court Convicts Equatorial Guinean Vice President Teodorin Obiang for Laundering Grand Corruption Proceeds

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GAB is pleased to publish this account and analysis by Shirley Pouget and Ken Hurwitz of the Open Society Justice Initiative of the decision in the criminal trial for money laundering of Equatorial Guinean Vice President Teodorin Nguema Obiang. Their earlier posts on the trial are here, here, here, here, here, here, here, and here.

court roomIn the first ever peacetime conviction of a high-ranking, incumbent office holder by the court of another state, a Paris criminal court has convicted Equatorial Guinean First Vice President Teodoro Nguema Obiang Mangue of laundering monies from corruption in Equatorial Guinea in France.  The historic decision, announced by the 32nd Chamber of the Tribunal Correctionnel de Paris on Friday, October 27, was tempered by the reality the court faced in finding a senior official of another country guilty of violating French law.  While it unconditionally awarded Transparency International – France, which as a “civil party” helped investigate the case, €10,000 in moral and €41,081 in material damages, and ordered seizure of much of the €150 million in assets Teodorin holds in France, it suspended (sursis) the three- year prison sentence and €30 million fine it imposed on Teodorin so long as the VP stays out of trouble for five years.   It also stayed the part of the asset seizure order confiscating the obscenely extravagant 101-room property on Avenue Foch Teodorin owns pending the outcome of proceedings before the International Court of Justice where, as explained in a previous post, the EG government is claiming the assets belong to it rather than to Teodorin.

The President of the Tribunal, Mrs Benedicte de Perthuis, detailed the reasoning supporting the ruling in a 45 minute oral explanation accompanying the judgement.  She explained that the three judge court rejected all Teodorin’s procedural and substantive defenses, including a claim asserting Teodorin’s immunity from criminal prosecution on the basis of his position as  First Vice-President of Equatorial Guinea.  She noted on the latter that his nomination as First Vice-President had conveniently occurred after his indictment by the French Courts, and the Tribunal ruled that his new functions could not be equated to those of a Head of State or Minister of Foreign Affairs (officials who, under ICJ precedent, would indeed enjoy immunity from this kind of a prosecution).

The verdict sends a clear message that grand corruption and the related offense of money laundering are no longer risk-free enterprises in France.  Continue reading →

Guest Post: Transparency International UK’s Pledge Tracker–Amateur Research or Different Objectives?

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Last week, GAB Editor-in-Chief Matthew Stephenson published a post sharply criticizing Transparency International UK’s new “Pledge Tracker,” which evaluates how well countries are living up to the pledges they made at the May 2016 London Anti-Corruption Summit. GAB is delighted to have the opportunity to publish the following reply from Robert Barrington, the Executive Director of Transparency International UK:

“A slapdash, amateurish collection of arbitrary, often inconsistent judgements, unsupported by anything that resembles serious research.” Not since I was taken to task over an undergraduate essay by an eminent professor at Oxford have I had work for which I was responsible receive quite such a stinging critique.  On that occasion, I could not escape a sense that my world view differed from that of the professor, and that—irrespective of the detail—was the root of our misunderstanding.

So is Professor Stephenson’s assessment of TI-UK’s Pledge Tracker merited? Here is my overall assessment: he is right on some but not all of the detail; he is wrong on most but not all of the big picture. At the root of the difference is the question of whether this is an index in which countries are compared with each other according to a consistent global standard, or whether it is the presentation of individual country assessments by local civil society organizations of their own country’s progress against their own country’s commitments. Continue reading →

Guest Post: Refining Corruption Surveys To Identify New Opportunities for Social Change

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GAB is delighted to welcome back Dieter Zinnbauer, Programme Manager at Transparency International, who contributes the following guest post:

Household corruption surveys, such as Transparency International’s Global Corruption Barometer (GCB) are primarily, and very importantly, focused on tracking the scale and scope of citizens’ personal bribery experience and their general perceptions about corruption levels in different institutions. More recently, the GCB has branched out into questions about what kind of action against corruption people do or do not take, and why. The hope is that better understanding what motivates people to take action against corruption will help groups like TI develop more effective advocacy and mobilization strategies.

In addition to these direct questions about why people say they do or don’t take action against corruption, household surveys have the potential to help advocacy groups in their efforts to mobilize citizens in another way as well: by identifying inconsistencies or discrepancies between what people’s experience of corruption and their perceptions of corruption. The existence of these gaps is not in itself surprising, but learning more about them might help advocates craft strategies for changing both behavior and beliefs. Consider the following examples: Continue reading →

Guest Post: If You Were a G20 Leader for a Day…

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Maggie Murphy, Senior Global Advocacy Manager for Transparency International, contributes today's guest post:

Remember the big headline from the recent G20 Summit in Hamburg, about what leaders are going to do to tackle corruption head-on?
No, we don’t either. Corruption remains a bit of an afterthought in G20 thinking on progressing the G20’s objective of “strong, sustainable, balanced and inclusive growth” (page 14 of the most recent Communiqué), despite the almost plaintive opening line in the current G20 Anti-Corruption Action Plan that “[r]educing corruption remains a top priority for the G20.”
Corruption should be preoccupying for G20 leaders. In the last 12 months alone, the presidents of G20 members South Korea and Brazil have been impeached (and Brazil’s current president is also facing corruption allegations) and the former Argentinian president was indicted for corruption.
Despite the lack of public emphasis on fighting corruption, the G20 does have well-functioning G20 Anti-Corruption Working Group (ACWG). The ACWG meets three times a year, works to biennial Action Plans, and advises G20 leaders on where to channel their energy in tackling corruption. The ACWG touches on a wide range of topics, from asset recovery, to open data, to the illegal trade in wildlife. The ACWG adopts principles, issues individual country guides, conducts self-assessments, and develops good practice, research, and toolkits on certain issues. The 60 documents the group has developed since 2010 can be found on a helpful but hidden website compiled by the German Ministry of Justice.
But we don’t hear much about the ACWG's work, even less its impact. Clearly it needs a shake-up.
As new G20 host, Argentina should lead the development and adoption of a new biennial Anti-Corruption Action Plan. But that would be simply more of the same. Is it time for the G20 ACWG to have a rethink? Continue reading →

Guest Post: UK Bribery Prosecutions and the Rule of Law

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Mat Tromme, Project Lead & Senior Research Fellow at the Bingham Centre for the Rule of Law, contribute today's guest post, which is based on discussions at a recent Bingham Center-Duke Law School FCPA Roundtable:

In the latest sign that the UK’s Serious Fraud Office (SFO) it is flexing its prosecutorial muscle, the SFO recently opened a case against British American Tobacco, and in June convicted four senior executives from Barclays Bank for conspiracy to commit fraud. This adds to the SFO’s growing list of "successes," such as cases against the ICBC Standard Bank, Tesco, and Rolls Royce. It also raises some important questions (which aren't new), on the one hand about the means used to prosecute bribery, and on the other about the extent to which ongoing economic considerations such as Brexit might put an end to what appears to be good momentum.

Despite the SFO's "wins," some critics are disappointed with the Rolls Royce deferred prosecution agreement (DPA) and questioned whether the SFO is sufficiently aggressive in prosecuting corruption. This view follows concerns that the Rolls Royce case failed to meet the interests of justice and illustrates how big companies are let off the hook where the prosecution of bribery is concerned. Such concerns echo criticisms that DPAs in the United States, which pioneered their use, undermine the rule of law by letting individuals avoid prosecution, and by allowing this area of law to develop outside of the public eye and with very little judicial oversight. This leaves the lasting impression of a two-tiered criminal system by promoting a “too big to jail” culture. DPAs, it is also been argued, undermine both the deterrent effect of the law and incentives to self-report. Continue reading →

Guest Post: The Obiang Trial Suggests Innovative Approaches To Fighting International Corruption

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GAB is pleased to welcome back Frederick Davis, a lawyer in the Paris office of Debevoise & Plimpton, who contributes the following guest post:

Over the past two months, the French Tribunal de Grande Instance in Paris (the principal trial court) heard evidence in the case against Teodoro Nguema Obiang Mangue (known as Teodorin), on charges of corruption and money laundering, among other allegations. Teodorin is the son of Teodoro Obiang Nguema Mbasogo, the long-time – and notoriously corrupt – President of Equatorial Guinea, a resource-rich country that also has some of the most widespread poverty in the world. Yet Teodorin, who is currently Vice President , owns vast real estate in Paris, a private jet, a yacht, and a fleet of vintage and modern automobiles, among his other known assets. This case has been discussed extensively on this blog (see here, here, here, here, here, here, here, and here), but it’s useful to recap how the case came to trial in the first place:

The case against Teodorin was primarily the result of diligent efforts by NGOs, including the French anticorruption group Sherpa and the French chapter of Transparency International (TI). In 2007, Sherpa and others filed a complaint with the Public Prosecutor in Paris alleging that the ruling families of Equatorial Guinea, Angola, Burkina Faso and the Republic of the Congo held assets in France that were not the fruits of their official salaries. After a brief investigation, the Public Prosecutor dismissed the claims. Several of the NGOs, joined in some instances by citizens of the countries in question, then used a French procedure known as constitution de partie civile to cause a criminal investigation by an investigating magistrate (juge d’instruction). This effort was opposed by the Public Prosecutor. A Court of Appeals initially upheld the prosecutor’s position and dismissed TI’s intervention, but in an important 2010 ruling, the French Cour de Cassation (Supreme Court) ruled that TI was a proper partie civile authorized to instigate the criminal investigation. Ultimately Teodorin was bound over for trial, now with the support of the Public Prosecutor (as well as the continued active participation of TI and other NGOs). A decision is expected in October.

The procedures that brought Obiang to trial are interesting because they highlight four important differences between French and US criminal procedures, and more generally illustrate several legal deficiencies, in countries like the United States, that often hinder the worldwide fight against transnational corruption: Continue reading →