Compensating Victims of Corruption

That corruption is not a victimless crime is no longer in doubt.  The once fashionable argument that corruption advances human welfare by “greasing the wheels” of clunky bureaucracies has been entombed thanks to a plethora of academic studies, media reports, and first-person accounts showing the undeniable, often enormous, harm corruption wreaks on individuals and society as a whole.  As UN Secretary General António Guterres told this week’s seventh meeting of the parties to the UN Convention Against Corruption, that harm ranges from denying citizens access to such basic rights as “health services, schools and economic opportunities” to undermining the very foundation of the state through enabling “a small elite in positions of power to prosper” thus destroying citizens’ “faith in good governance.”

While the damage corruption does is now clear, how to recompense the losses it causes is anything but.  The definitive legal text, the UN Convention Against Corruption, offers little help.  To be sure, article 35 requires state parties to give those “who have suffered damage as a result of an act of corruption … the right to initiate legal proceedings against those responsible … to obtain compensation and article 57 directs governments that have recovered the proceeds of corrupt acts to give priority to “compensating the victims of the crime.” Nowhere, however, does the convention offers any guidance on how to determine who is a victim of corruption or how their damages should be determined.  As a result, both international and domestic law on victim compensation will have to develop through court decisions, learned commentary, and legislation.

An important step in developing this law is the paper the UNCAC Coalition, a network of some 350 civil society groups from over 100 countries, submitted to this week’s meeting of UNCAC state parties.  “Recovery of Damages and Compensation for Victims of Corruption” draws on international law and emerging law and practice in both developed and developing states to guide the creation of laws governing corruption victim compensation.   The Coalition urges governments to: Continue reading

Can Indirect Questioning Induce Honest Responses on Bribery Experience Surveys?

As I noted in my last post, bribery experience surveys – of both firms and citizens – are increasingly popular as a tool not only for testing hypotheses about corruption’s causes and effects, but for measuring the effectiveness of anticorruption policies, for example in the context of assessing progress toward the Sustainable Development Goals’ anticorruption targets. Bribery experience surveys are thought to have a number of advantages over perception-based indicators, greater objectivity chief among them.

I certainly agree that bribery experience surveys are extremely useful and have contributed a great deal to our understanding of corruption’s causes and effects. They’re not perfect, but no indicator is; different measures have different strengths and weaknesses, and we just need to use caution when interpreting any given set of empirical results. In that spirit, though, I do think the anticorruption community should subject these experience surveys to a bit more critical scrutiny, comparable to the extensive exploration in the literature of the myriad shortcomings of corruption perception indicators. In last week’s post, I focused on the question of the correct denominator to use when calculating bribery victimization rates – all citizens, or all citizens who have had (a certain level of) contact with the bureaucracy? Today I want to focus on a different issue: What can we do about the fact that survey respondents might be reluctant to answer corruption questions truthfully?

The observation that survey respondents might be reluctant to truthfully answer questions about their personal bribery experience is neither new nor surprising. Survey respondents confronted with sensitive questions often have a tendency to give the answer that they think they “should” give (or that they think the interviewer wants to hear); social scientists call this tendency “social desirability bias.” There’s quite robust evidence that social desirability bias affects surveys on sensitive topics, including corruption; even more troubling, the available evidence suggests that social desirability bias on corruption surveys is neither constant nor randomly distributed, but rather varies across countries and regions. This means that apparent variations in bribery experience rates might actually reflect variations in willingness to truthfully answer questions about bribery experience, rather than (or in addition to) variations in actual bribery experience (see here, here, and here).

So, what can we do about this problem? Existing surveys use a range of techniques. Here I want to focus on one of the most popular: the “indirect questioning” approach. The idea is that instead of asking a respondent, “How much money does your firm have to spend each year on informal payments to government officials?”, you instead ask, “How much money does a typical firm in your line of business have to spend each year on informal payments to government officials?” (It’s perhaps worth noting that the indirect questioning method seems more ubiquitous in firm/manager surveys; many of the most prominent household surveys, such as the International Crime Victims Survey and the Global Corruption Barometer, ask directly about the household’s experience rather than asking about “households like yours.”) The hope is that asking the question indirectly will reduce social desirability bias, because the respondent doesn’t have to admit that he or she (or his or her firm) engaged in illegal activity.

Is that hope justified? I don’t doubt that indirect questioning helps to some extent. But I confess that I’m skeptical, on both theoretical and empirical grounds, that indirect questioning is the silver bullet solution for social desirability bias that some researchers seem to suggest that it is. Continue reading

In Bribery Experience Surveys, Should You Control for Contact?

Perception-based corruption indicators, though still the most widely-used and widely-discussed measures of corruption at the country level, get a lot of criticism (some of it misguided, but much of it fair). The main alternative measures of corruption include experience surveys, which ask a representative random sample of firms or citizens about their experience with bribery. Corruption experience surveys are neither new nor rare, but they’re getting more attention these days as researchers and advocates look for more “objective” ways of assessing corruption levels and monitoring progress. Indeed, although some early discussions of measurement of progress toward the Sustainable Development Goals (SDGs) anticorruption target (Target 16.5) suggested—much to my chagrin—that changes in Transparency International’s Corruption Perceptions Index (CPI) score would be the main measure of progress, more recent discussions appear to indicate that in fact progress toward Goal Target 16.5 will be assessed using experience surveys (see here and here).

Of course, corruption experience surveys have their own problems. Most obviously, they typically only measure a fairly narrow form of corruption (usually petty bribery). Also, there’s always the risk that respondents won’t answer truthfully. There’s actually been quite a bit of interesting recent research on that latter concern, which Rick discussed a while back and that I might post about more at some point. But for now, I want to put that problem aside to focus on a different challenge for bribery experience surveys: When presenting or interpreting the results of those surveys, should one control for the amount of contact the respondents have with government officials? Or should one focus on overall rates of bribery, without regard for whether or how frequently respondents interacted with the government?

To make this a bit more concrete, imagine two towns, A and B, each with 1,000 inhabitants. Suppose we survey every resident of both towns and we ask them two questions: First, within the past 12 months, have you had any contact with a government official? Second, if the answer to the first question was yes, did the government official demand a bribe? In Town A, 200 of the residents had contact with a government official, and of these 200, 100 of them reported that the government official they encountered solicited a bribe. In Town B, 800 residents had contact with a government official, and of these 800, 200 reported that the official solicited a bribe. If we don’t control for contact, we would say that bribery experience rates are twice as high in Town B (20%) as in Town A (10%). If we do control for contact, we would say that bribery experience rates were twice as high in Town A (50%) as in Town B (25%). In which town is bribery a bigger problem? In which one are the public officials more corrupt?

The answer is not at all obvious; both controlling for contact and not controlling for contact have potentially significant problems: Continue reading