A Welcome Analysis of Where Mozambique’s Goats Eat

Posted on by
4

To say that a successful attack on corruption begins with a political economy analysis is commonplace.  To declare that absent such an analysis of the political, economic, and social conditions that foster a particular type of corruption, an anticorruption policy has little chance of succeeding is hardly remarkable.  What remains noteworthy is in the two decades plus since the global war on corruption began how few such analyses have been done.

Of the more than 7500 entries in Matthew’s corruption studies bibliography, titles of fewer than 50 indicate a political economy focus. The corruption and development “gray literature,” reports on corruption in developing nations commissioned by donor organizations, is little better.  Perhaps a larger number of studies, but few quality ones, and perhaps surprisingly, a real dearth of analyses of petty corruption, the kind that citizens of developing nations, most often the poor, regularly encounter in their daily life.

That’s why it was a pleasure to discover Inge Tvedten and Rachi Picardo’s recent study of where Mozambican goats eat.  The Mozambican expression cabrito come onde está amarado (“goats eat where they are tied up”’) refers, as they explain, to the two-legged species rather than the four-legged one.  The kind that exploit their place in government to enrich themselves, friends, and supporters.  The two draw upon years of accumulated research to show how, in a variety of thickly described situations, “a set of structuring principles and common schemes” lead to the “internalization” or “embodiment” of corruption.  (Others might term the principles and schemes “institutions” and internalization or embodiment a “Nash equilibrium.”) An especially thought-provoking example is how traditional norms of deference to authority figures interacts with the way the District Development Fund, a program to help the poorest, is managed to keep beneficiaries marginalized.

Whether hunting for how to deprive a greedy Mozambican goat of nourishment or for a first-rate example of political economy analysis of petty corruption, readers will profit from perusing Tvedten and Picardo’s article.

New Podcast, Featuring Doron Navot

Posted on by
1

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, my collaborator Ina Kubbe, a post-doctoral researcher at the University of Tel Aviv, interviews Professor Doron Navot, of the University of Haifa political science department. Much of the interview focuses on corruption in Israel, especially the allegations against Prime Minister Benjamin Netanyahu and how these allegations have affected Israeli politics and society. The interview also covers broader themes related to corruption in Israel, including widespread “informal” practices that bleed over into illegal exchanges or favoritism. The interview concludes with a discussion about different forms of corruption their relative frequency in Israel, and what can be learned from Israeli anticorruption efforts.

You can find this episode, along with links to previous podcast episodes, at the following locations:

KickBack is a collaborative effort between GAB and the ICRN. If you like it, please subscribe/follow, and tell all your friends! And if you have suggestions for voices you’d like to hear on the podcast, just send me a message and let me know.

Blogging in a Time of (Mostly Unrelated) Crisis–A Note to Readers

Posted on by
5

Dear GAB readers,

The rapidly worsening COVID-19 situation has been disruptive and stressful for people all over the world. My home institution, Harvard University, has sent all students home and asked faculty and non-essential staff to work from home to the extent possible. And many others, including many in our reader community, have things much worse.

I’ve been thinking about the best way to proceed with this blog under the circumstances, especially since, while public health crises are often linked with corruption problems (see, for example, here, here, and here), so far corruption doesn’t seem to be a major issue in the COVID-19 situation. (There have been significant government failures in handling the COVID-19 outbreak, but those seem to be due more to incompetence, mismanagement, and lack of preparedness, rather than greed and graft.) On the one hand, it feels strange to be thinking and writing about anything other than the COVID-19 crisis right now. On the other hand, it’s not like all of the world’s other problems have gone away, and if corruption isn’t a major part of the COVID-19 story right now, I suspect that it will be in the not-too-distant future.

So, at least for now, GAB will continue to operate, though perhaps with somewhat less frequent posts. And if any experts in the public health-corruption link would like to get a discussion going on how corruption issues do relate to the COVID-19 crisis, I’m always open to guest post submissions (which you can send to me here).

Finally, and most importantly of all, I hope that all of you do whatever you can to stay safe and healthy during this difficult and dangerous time.

Guest Post: The Iron Square of Political Financing in Ghana

Posted on by
2

Today’s guest post is from Joseph Luna, an economist and consultant on international development projects.

Many reformers hope that democratization in poor countries will foster improved economic and social development. But participating in democratic processes can be expensive. Where do candidates for office in developing countries get the money to pay for campaigns and other political activities? Over the course of 2013-14, I was embedded in 11 local governments across Ghana, observing their operations and interviewing nearly 200 public servants, politicians, construction contractors, traditional chiefs, and party officials. Perhaps unsurprisingly, many politicians told me that they faced numerous demands for money, not just for elections, but also to meet their constituents’ personal needs. As one District Chief Executive (essentially the equivalent of a mayor) from the Ashanti Region put it to me: “It is about the MONEY! The people keep coming to you. ‘I am bereaved, I have to pay school fees, my wife is admitted to hospital.’ And so forth. They expect money from you. It is especially bad with party people! They think that because you are District Chief Executive that you can just open up the district budget to them.” This story repeated itself all across Ghana. Where did local politicians get the money to meet these demands? Much of this political money was extracted from kickbacks paid by firms for public procurement contracts. Indeed, in my research, which I discuss at greater length in my new book, Political Financing in Developing Countries: A Case from Ghana, I found a complex system of collusion among politicians, party chairs, contractors, and bureaucrats—what I call the Iron Square of Political Financing. Continue reading →

The Swiss U-Turn on Asset Return Explained

Posted on by
5

Historically, a Swiss bank has been the bank of choice for corrupt leaders wanting to hide money. The reality is quite different today.  Just ask Tunisia’s ousted strong man Ben Ali, deposed Ukrainian president Victor Yanukovich, or the relatives of deceased former Haitian president Jean-Claude Duvalier, of the late Nigerian dictator Sani Abacha, or of Hosni Mubarak, the recently passed Egyptian president.  All believed money stolen from their nations’ citizens was safe in a Swiss bank.

At the time, they were not wrong. Dating back to when its secrecy rules protected the wealth of France’s Catholic kings from the prying eyes of nosey Protestant journalists, Swiss law permitted banks to take money with few questions asked and sanctioned those disclosing information about an account or its holder. Strict bank secrecy laws gave the Swiss financial industry an enormous advantage over other financial centers; it’s one reason why today financial services plays an outsized role in the Swiss economy — accounting for 10 percent of the GDP, twice the average of other OECD nations.

As the Duvaliers, Abachas, and Murabanks of the world learned to their chagrin  however, over the past decade Swiss policy has made a sharp U-turn.  Despite the weight of history and tradition, and the economic interest of so many Swiss citizens, current Swiss policy not only no longer condones the deposit of stolen assets in its banks, it now demands that banks and others in the financial services industry come to the aid of governments searching for money stolen by former rulers and cronies.  No other nation today goes to such lengths to help countries recover stolen assets.

Swiss lawyers François Membrez and Matthieu Hösli document this extraordinary change in Swiss policy in How To Return Stolen Assets: The Swiss policy pathway. Just published by the Geneva Centre for Civil and Political Rights, the two explain how Swiss  asset recovery law has turned Switzerland from the destination of choice for stolen funds into the least hospitable jurisdiction in the world.  The paper is an essential guide to Swiss law on asset recovery and provides a blueprint for other nations wanting nothing to do with stolen assets.

 

An Anticorruption Success Story: India’s Aam Aadmi Party Has Made Delhi Politics Much Cleaner

Posted on by
9

In 2011, India witnessed the largest anticorruption uprising in its history, as hundreds of thousands of people mobilized to protest against entrenched corruption and to push for the passage of national anticorruption legislation that had been stuck in parliament for decades. The movement failed to achieve that objective, but out of its ashes was born a new political party, the Aam Aadmi Party (AAP). The AAP, founded in 2013, made anticorruption its main focus, choosing as its symbol a broom to represent its goal of cleaning up Indian government. The AAP achieved its first major victory in 2015, when it won a landslide victory in the state elections in Delhi, India’s capital city. Many inside and outside of India naturally wondered: Would the AAP achieve its goals? Could it effectively govern a city of 19 million people, and succeed in curtailing entrenched corruption? After all, the challenges are enormous, and the international track record of anticorruption parties is rather mixed.

The AAP’s journey wasn’t smooth, and its first few months in office were marked by significant infighting and a general perception of dysfunction. But the AAP managed to turn things around, and in the February 2020 elections, the AAP won handily, gaining a decisive majority for the next five years. The AAP’s success is partly due to its popular policies on things like increasing spending on education and reducing the cost of electricity and water. But the AAP also succeeded in the polls because it followed through on its anticorruption agenda. Although it’s always hard to gauge the success of anticorruption efforts, there are two major pieces of evidence that indicate that the AAP really has taken major steps to clean up politics: 

Continue reading →

The Brazilian Courts’ Indefensible Double Standard: The Disparate Treatment of Harmless Procedural Errors in Corruption and Non-Corruption Cases

Posted on by
4

Before Brazil’s so-called Lava Jato (“Car Wash”) Operation, almost every attempt to prosecute high-level corruption in Brazil failed. Many cases were never investigated or prosecuted, but even in those cases where prosecutors started investigations, identified crimes, and brought charges, appeals courts ended up nullifying the proceedings, often before trial, on technical grounds for failure to comply with procedural rules (see, for example, here, here, here, and here). The result was a culture of impunity, in which grand corruption thrived. The Lava Jato Operation has been hailed as a historic breakthrough not only because of the breadth of the corruption it uncovered, but also because the convictions secured by prosecutors had, by and large, been affirmed on appeal. Unfortunately, there are troubling signs that the Brazilian judiciary is reverting to its old ways. Last October, for example, the Brazilian Supreme Court issued a procedural ruling  concerning the sequence of closing arguments that the Court held required the nullification of two Lava Jato convictions (so far), and may end up doing more widespread damage. The larger issue here, though, is the double-standard that Brazilian appellate courts seem to have embraced: adopting an (excessively) stringent and unforgiving view of even minor technical procedural noncompliance in corruption cases involving elite defendants, while at the same time relying (properly) on “harmless error” doctrines to excuse similar sorts of procedural noncompliance in cases involving other sorts of crimes, such as drug trafficking. Continue reading →

Guest Post: A Defense of Anticorruption Orthodoxy

Posted on by
5

Robert Barrington, Professor of Anti-Corruption Practice at the University of Sussex’s Centre for the Study of Corruption, contributes today’s guest post.

The international anticorruption movement, which has been so successful over the last 25 years in putting this once-taboo issue squarely at the forefront of the international agenda, is suffering a crisis of confidence. The aspiration to eliminate corruption now seems to many like a fantasy from the dreamy era of the fall of the Berlin Wall. And what had appeared to be an emerging consensus about how to diagnose corruption, and how to respond, is fracturing. There has long been a lively debate within the anticorruption community about the best ways to understand and respond to corruption; and likewise, a growing challenge from several different quarters (including governments, businesses, journalists, and academics) on areas such as measurement, what has been successful, and whether the evidence matches the theory for fundamental approaches such as transparency. The debate and challenge have been broadly healthy, and have led to sharper thinking and improved approaches. But some criticism has veered towards attacking simplistic caricatures of the perceived orthodoxy, or launching broad-brush critiques that, intentionally or not, serve to undermine the anticorruption movement and provide nourishment for those that would prefer to see the anticorruption movement diminished or fail.

Take, for example, two common lines of attack against the “orthodox” approach to tackling corruption, one concerning the diagnosis of the problem and the other concerning appropriate responses: Continue reading →

Tracking Corruption and Conflicts of Interest in the Trump Administration–March 2020 Update

Posted on by
Reply

As regular readers of this blog are aware, since May 2017 we’ve been tracking and cataloguing credible allegations that President Trump, and his family members and close associates, have been corruptly, and possibly illegally, leveraging the power of the presidency to enrich themselves. The newest update is now available here.

A previously noted, while we try to include only those allegations that appear credible, many of the allegations that we discuss are speculative and/or contested. We also do not attempt a full analysis of the laws and regulations that may or may not have been broken if the allegations are true. (For an overview of some of the relevant federal laws and regulations that might apply to some of the alleged problematic conduct, see here.)

Recovering Damages for Mozambican Victims of the Hidden Debt Scandal: Possible Suits in the United Kingdom

Posted on by
Reply

A recent post explained that Mozambicans harmed by the corruption behind the “hidden debt” scandal may well be able to sue the perpetrators for damages in the courts of many nations.  Mozambique, where the harm was suffered, and most probably France, Lebanon, Russia, Switzerland, the United Arab Emirates, and the United Kingdom, countries where one or more of the alleged perpetrators is located or does business.  The legal basis would be article 35 of the United Nations Convention Against Corruption.  It requires convention parties to open their courts to actions by corruption victims against “those responsible” for the corruption “in order to obtain compensation.”

The U.N. Office of Drugs and Crimes reports that all 187 parties accept the principle of compensation for corruption.  Suits for corruption damages are a relatively recent development, however, and in its latest review of the convention’s implementation, UNODC explains that establishing causation and proving damages remain to be elaborated through application of parties’ domestic law principles governing harm caused by intentional acts.  At the same time, it noted that in corruption damage cases article 35 mandates that these principles be interpreted broadly.  There need be no direct interaction between the perpetrators of corruption and the victim; nor is recovery limited to cases where the perpetrators foresaw the injury the victim would suffer.

In a just released paper, London barrister James Mather shows how English law would apply to claims Mozambicans brought for hidden debt damages in the United Kingdom. He opines that recovery could be had on the basis of an unlawful means conspiracy and perhaps too on the tort of bribery and dishonest assistance.  English law, he writes, incorporates the liberal principles of causation of damages enshrined in article 35. “The approach to the award of damages for conspiracy in particular is quite liberal in English law and extends to losses which cannot be strictly proved.”  English law also offers Mozambican claimants a procedural advantage.  Rather than each person having to file a separate suit, a group action could be filed with a single claimant suing on behalf of all those who suffered a similar injury.

Mather, a distinguished member of Serle Court in London, cautions that while based on what has been reported it would appear Mozambicans injured by the hidden debt scandal could recover damages in the United Kingdom, much factual research is required to be sure. His paper is an important step forward in seeing that those who suffered enormous harm thanks to the corruption behind the hidden debt scandal are made whole by the perpetrators.  Click on Mather paper to download a copy of his first-rate analysis.