Conflicting Philippine Identities and the Fight Against Corruption

In his book, From Third to First World, Lee Kuan Yew remarked that the Philippines has two societies, and that the “elite mestizos had the same detached attitude to the native peasants as the mestizos in their haciendas in Latin America had toward their peons.” While this analogy may be extreme, there’s hardly any denying that reforms and economic progress have done little to alleviate the socio-economic disparities entrenched in Philippine society. Even today, Philippine identity looks vastly different for the rich than it does for the poor—in terms of heritage, cultural attitudes, daily experiences, and values. In short, the class divisions that Singapore’s great leader alluded to still exist today, and contribute to a sense of alienation among the two so-called “societies” within Philippine culture.

How does this division play out when it comes to governance, and, for our purposes, anticorruption efforts? Alienation on both sides of the economic divide, and the inability of Filipinos of different classes to relate to one another, have had deleterious effects on progress in this field, and it is important that Philippine policymakers take into account the limits imposed by socioeconomic disparities when considering possible strategies to tackle corruption.

Continue reading →

Danger, Will Robinson: Can Robots Protect Us from Corruption?

Technology is a frequent recourse for anticorruption advocates, be it in the form of crowdsourced reporting, tree tracking, or drug verification.  To that list, one can now add one of the Democratic Republic of the Congo’s recent initiatives: robots.

We may not yet be at the point where, like something out of a summer blockbuster, robots can chase down offenders or take the lead in corruption investigations. Nevertheless, building upon their earlier efforts in Kinshasha, a group of engineers has recently been hired to install a traffic robot in Lubumbashi. The robots, eight feet tall and looking like something out of the 1960s, have traffic lights embedded in their torsos and are equipped with cameras which allow them to record traffic violations. The theory behind these cybermen? Robots can’t be bribed, thereby circumventing the notoriously corrupt (human) police force of the DRC, whose officers could either baselessly stop drivers and demand money or be bought off by a driver who truly has committed an infraction.

There are many good things about this initiative. Encouraging Congolese startups (and women in business and science–the engineering team that developed the robots is all-female) seem like worthwhile goals. And if people are somehow intimidated into being better drivers, as some Congolese have claimed is occurring, then the DRC’s horrific traffic accident rate may drop. However, are these robots really effective as corruption-fighting tools? Continue reading →

Cool Graphics and Useful Data: The “FCPA Map”

Earlier this summer the director of the Mintz Group (a private firm specializing in corporate investigations matters) referred me to a useful resource his firm has developed, an interactive “FCPA Map,” displaying in graphic and user-friendly from all the FCPA cases that have resulted in penalties, broken down by country, industry, and size of penalty (along with links to the court decisions or press releases announcing the resolution of each of the cases). All the information on this FCPA Map is publicly available and can be downloaded from other sources (including the DOJ’s website), but the interactive map is a helpful, user-friendly resource that I thought might be of interest to some of our readers (and may be especially useful for students). So I thought I’d give it a plug here.

[By the way, in case anyone is wondering: I have no relationship, financial or otherwise, with the Mintz Group. I’ve only met the director once, briefly, after he attended a lecture I delivered at the International Anti-Corruption Academy. Mentioning this may seem gratuitous, but on an anticorruption blog of all places, it’s probably important to address any concerns about conflicts of interest!]

Announcement: Fixing the Fight Against Corruption, Panel Discussion September 17

As part of its ‘Curbing Corruption’ series, the Legatum Institute, together with Democracy Lab, an on-line partnership between the Institute and Foreign Policy magazine, will host a panel September 17 at the Institute’s London office to discuss the major challenges facing the current global anti–corruption effort and what might be done—from a local perspective to wider international solutions.  Panelists are Alina Mungiu-Pippidi, Professor of Democracy Studies, Hertie School of Governance; Nils Taxell, Senior Advisor, U4 Anti-Corruption Resource Centre; and GAB Senior Contributor Richard Messick.  Christian Caryl, Managing Editor, Democracy Lab and Senior Fellow, Legatum Institute will moderate.

The panel will run from 18:00 to 19:15, London time, and will be live streamed.  The Legatum Institute is located at 11 Charles Street, London, W1J 5DW.  Details on attending in person or live streaming are here.

Guest Post: The Blagojevich Case and the Line Between Corruption and Horse-Trading

Jennifer Rodgers and Jacob Watkins, respectively Executive Director and Program Coordinator for the Columbia University Center for the Advancement of Public Integrity (CAPI), contribute the following guest post:

Former Illinois Governor Rod Blagojevich was recently back in the news, but this time for something he didn’t do wrong, when the Seventh Circuit Court of Appeals vacated 5 of the 18 counts on which Blagojevich was convicted in 2011. The appellate court’s decision hinged upon the distinction between illegal corruption and legal (if distasteful) political horse-trading, an issue recently touched upon in the decision by the Court of Appeals for the Fourth Circuit to uphold former Virginia Governor Bob McDonnell’s public corruption convictions (which Matthew discussed here). The outcome of the Blagojevich appeal shows that under current U.S. law, whether or not a public official’s deal-making is illegal depends upon what exactly the official is bargaining for. Political horse-trading–exchanging one official act for another official act–is not a crime under U.S. federal law, but exchanging an official act for a private benefit is. The decision in the Blagojevich provides a useful opportunity for thinking more generally about how the law ought to draw that difficult line. Continue reading →

Anticorruption Truth Commissions? Lessons to be Learned from Human Rights and Transitional Justice

A few months back, Anusha made the case for why “freedom from corruption” should not be regarded as a human right. She pointed out a number of legitimate distinctions between corruption and other human rights violations, as well as practical problems with framing corruption in this way. But there are other ways in which corruption does resemble a human rights violation: namely, in the harm it causes. Like widespread human rights abuses, the harm stemming from corruption is often diffuse and difficult to quantify, often with many victims (not always identifiable) and numerous perpetrators. For practical and functional purposes, in the case of systemic corruption–as in the case of regimes with pervasive human rights abuses–it may not be possible to make reparations to all of the victims or to hold all of the offenders to account.

Thus, even if it is impossible – or undesirable – to fully integrate the anticorruption and human rights agendas, it is still worth considering what lessons we can draw from the human rights regime and incorporate into the anticorruption field. Consider, in particular, one mechanism designed to deal with instances of mass atrocities and systematic human rights violations: the truth commission. In the human rights and transitional justice context, truth commissions are temporary bodies responsible for investigating and publicizing past rights abuses committed by public and private actors. As a general matter, truth commissions prioritize gathering information and establishing an accurate record over punitive sanctions. Truth commissions also often involve a quasi-judicial element – which frequently entails granting amnesty to certain actors or referring cases to prosecutorial entities – and emphasize “bottom-up” victim participation. Certain elements of the truth commission model may be instructive in designing justice measures for corruption crimes.

Continue reading →

A Corruption Close-Up: Video Cameras and the Tijuana Police Force

The Tijuana Police Force is rolling out a new program equipping all officers with body cameras with the express purpose of cutting down on corruption. Public perceptions of corruption within the police force run high, a sentiment shared both within and without the force. Tijuana Police Chief Alejandro Lares Valladares hopes that the body cameras, in addition to helping with the force’s tarnished reputation, will also highlight what he feels is a key but far less-discussed aspect of the city’s rampant corruption: the willingness of the public to instigate corrupt exchanges. (In what was a near-perfect opening act for Lares Valladares’ program, just a few days after Tijuana police officers began wearing the cameras, a driver pulled over for not wearing a seatbelt, who also did not have her driver’s license, offered to bribe the officer. Footage of the exchange helped Lares Valladares convince those within his department that the cameras are not being used only as means of policing the police, but as a means of protecting all parties.)

Body cameras do have the potential to cut down on corruption, but only if the program is administered correctly. Recent studies on how body cameras influence the use of force both by and against US police officers provide a few key lessons, Police Chief Lares Valladares and his colleagues in Tijuana should take into account. Continue reading →

Anticorruption Bibliography–August 2015 Update

An updated version of my anticorruption bibliography is available from my faculty webpage. A direct link to the pdf of the full bibliography is here, and a list of the new sources added in this update is here. As always, I welcome suggestions for other sources that are not yet included, including any papers GAB readers have written.

Can the United State Avoid a Hypocritical Anticorruption Policy?

Last week Matthew wrote how hypocritical Britain appeared when at virtually the same time Prime Minister David Cameron was telling leaders in Southeast Asia to take more vigorous action against corruption, his government was asking U.K. companies if Britain’s anti-bribery law was too harsh.  As Matthew explained, the contradiction was likely more apparent than real, probably the result of poor timing rather than any real difference between the government’s policy towards bribery by British and non-British firms.  Nonetheless, even the possibility of differing standards offered much ammunition to critics of the Cameron government’s aggressive international anticorruption campaign.

Like Prime Minister Cameron, U.S. President Barack Obama has been vocal in urging other governments to tackle corruption, lecturing the African Union during his recent visit on the evils of rampant bribery and telling its members to emulate the American example with its “strong laws” against bribery that “we actually enforce.” And like Britain, sooner or later the United States will face the charge that its international anticorruption rhetoric is hypocritical.  The difference will be that whereas the charges laid against the British government arose from a public relations faux pas, in the American case the charges will stem from a genuine contradiction, that between its human rights policy and its commitment to the U.N. Convention Against Corruption.

How will it happen? Continue reading →

Guest Post: Fishing for the Right ACA Heads, and Keeping Them Safe

Sofie Arjon Schütte, Senior Advisor at the U4 Anti-Corruption Resource Centre, contributes the following guest post, adapted from her recent U4 research paper, “The fish’s head: appointment and removal procedures for anti-corruption agency leadership”:

There has been much discussion on this blog (see here, here, and here) about the requirements for an effective, independent anticorruption agency (ACA). A number of factors are important, including (as emphasized in the Jakarta Statement) the ACA’s mandate, permanence, budget security, autonomy over financial and human resources, and internal and external accountability mechanisms, to name a few. But among the many important factors, the procedures for appointment and removal are particularly critical. As the saying goes, “a fish rots from the head down”: when the leadership of an organization is unethical or ineffective, these failings infect the entire organization. Undue external interference with an ACA is likely to target the head, and a co-opted or corrupted ACA head can do serious damage to the effectiveness and reputation of the ACA.

My research on the appointment and removal procedures for heads of 46 ACAs around the world has highlighted some of the important factors that can promote or undermine effective, ethical, and independent ACA leadership. Given different contexts, no specific set of procedures for appointments and removals can be considered ideal for all environments. Nevertheless, some general guidelines are possible: Continue reading →