What Does Rodrigo Duterte’s Victory Say About the Philippines’ Experience with Corruption?

Last week, the Philippines elected the highly controversial Davao City Mayor Rodrigo Duterte as President of the Philippines. Duterte, who has built up a reputation as a political outsider who will challenge the traditional elite, had been the front-runner for several months, and on May 9th swept his competition with nearly twice as many votes as his closest competitors. In a previous post, I described Duterte’s zero-tolerance approach toward fighting corruption. Unlike his predecessor, President Noynoy Aquino, who himself ran on an anticorruption platform, Duterte has advocated for policies based in discipline and violence. He has threatened to bring back the death penalty for the crime of plunder or even to kill violators himself. (Indeed, Duterte has already admitted to killing criminals in the past). Duterte and his supporters acknowledge that his approach disregards due process and rule of law, which they argue is necessary because of how widespread corruption has become in Philippine government.

Since my last post, Duterte’s notoriety has only grown. In mid-April, Duterte became the subject of international scrutiny when footage from a campaign rally was released that showed him joking about the gang rape of Australian missionary. The real tragedy, Duterte said, was that he had not gotten to the beautiful woman first. His remarks drew criticism from his opponents and the Australian ambassador, and some expressed concern that Duterte’s brazen attitude would threaten relationships with foreign nations. A recent sketch by John Oliver detailed these horrifying remarks, as well as Duterte’s homophobic and bizarre comments while officiating at a mass wedding, when he publicly offered himself as a gift to all of the brides present.

Remarkably, and to the shock of most other countries, Duterte succeeded despite scandal and protest, and in a couple months he will assume office as the next President of the Philippines. What does his victory reveal about the Philippines’ experience with corruption? In the wake of what I view as an extremely troubling electoral result, here are some initial thoughts:

 

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Lasting Legacies: Marcos’ Denial Feeds into a Culture of Corruption

In the past several months, Philippine Vice Presidential hopeful Senator Ferdinand “Bongbong” Marcos Jr. has faced a great deal of criticism for refusing to recognize and apologize for the acts of his father, Ferdinand Marcos, Sr., who, in addition to committing numerous human rights abuses against Philippine citizens during his 20-year reign as dictator, amassed an estimated $10 billion in ill-gotten wealth for himself and his cronies. Although some assets were seized after the People Power Revolution ended the Marcos regime, the Marcoses and their cronies held on to a great deal of ill-gotten wealth. (Indeed, when the new government was installed, it created an entire agency, the Presidential Commission on Good Government (PCGG), dedicated to recovering those assets.) In the eyes of many Filipinos, the Marcos name represents an era that saw billions stolen from the people, a fact illustrated by the PCGG’s recent decision to use a virtual exhibit of extravagant jewelry belonging to former first lady Imelda Marcos as an anticorruption campaign. Called the “Story of Extravagance,” it features a diamond tiara in platinum, a ruby tiara in silver, and numerous other jewels, along with descriptions of how the costs of each item could have been used to fund education, energy projects, and health initiatives.

The controversy over Bongbong’s refusal to apologize for this and other unsavory aspects of his father’s regime (including systematic human rights abuses) began last August, when the younger Marcos first asked what he should have to say sorry for, while highlighting the economic progress made during his father’s time in power. Since then, Bongbong has continued to insist that he has no need to apologize, even as criticism of his stance intensified in February, when the country celebrated the 30th anniversary of the People Power Revolution. The controversy has been further inflamed by revelations in the Panama Papers that Bongbong’s sister, Governor Imee Marcos, and her three sons were among those linked with offshore accounts. The Marcoses have so far issued no statement on the matter. In fact, not even a week after these revelations, Bongbong reiterated his stance that he has no reason to apologize for his family.

Others on this blog have discussed whether younger generations must take responsibility for the corrupt actions of their parents (see here for Courtney’s discussion of Peru’s Keiko Fujimori). In the case of Bongbong Marcos, and of the younger generation of Marcoses generally, the interesting and troubling reality is that their political careers will likely survive their outright refusal to acknowledge the corrupt acts of Ferdinand Marcos, Sr. This frustrating truth speaks volumes about the culture of impunity that plagues Philippine politics, and has troubling implications for the broader anticorruption fight.

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Does Compulsory Voting Increase or Decrease Corruption? (Preliminary Thoughts)

As Courtney discussed in yesterday’s post, Peru’s presidential elections are scheduled for next month, and issues of corruption loom large in the public debate. The role of corruption in Peruvian politics is such a rich and complex topic, one about which I must confess I know very little. But one feature of the Peruvian election system, about which I was previously ignorant, caught my attention during conversations at a fascinating meeting in Lima last month (sponsored by the Peruvian Controller General’s Office): In Peru, voting is compulsory–there are penalties for failing to vote. Compulsory voting requirements, while not exactly common, are enforced in quite a few democracies, including (in addition to Peru) Argentina, Australia, Brazil, Cyprus, Ecuador, Liechtenstein, Luxembourg, Nauru, Singapore, and Uruguay. Some sub-national jurisdictions (such as the Indian state of Gujarat and the Swiss canton Schaffhausen) have compulsory voting, and there are also several countries that had compulsory voting at some point in their history, but have since abolished it (including, for example, Italy, the Netherlands, and Venezuela). In the United States, President Obama himself has suggested that the U.S. should consider some form of compulsory voting.

What does this have to do with corruption? Well, that’s actually the question I want to explore in this post. Although there’s a small political science literature on compulsory voting, there seems to be very little sustained discussion of the implications of compulsory voting for corruption control. (There is a bit, some of which I’ll mention below, but usually the mentions are brief and in passing.)

I’ll readily admit I don’t know much about this topic, but it seems to me an interesting question, and I can see a few arguments cutting both ways. So, without reaching any firm conclusions, let me first sketch out a few reasons why compulsory voting might reduce corruption, and then suggest a few reasons why compulsory voting might increase corruption. Continue reading

Sins of the Father: Keiko Fujimori’s Presidential Candidacy in Peru

Dynastic politics are still strong across the globe. Hillary Clinton seems poised to follow in her husband’s footsteps and become President of the United States. Another Trudeau was elected Prime Minister of Canada last October. Chinese President Xi Jinping is a so-called “princeling.” And, as has been well documented on this blog, dynasties rule the political scene in the Philippines.

The front runner in Peru’s presidential election also has a familiar last name: Fujimori. Congresswoman Keiko Fujimori is the daughter of former president Alberto Fujimori, who held office from 1990 to 2000. Ex-President Fujimori’s regime did some good in Peru; for example, his liberal economic reforms helped to launch a period of economic growth. But his regime was also brutal and plagued by corruption. President Fujimori is in prison today, serving a 25 year sentence for human rights violations. He’s also been convicted of a number of corruption-related offenses, including using his spy chief to bribe journalists, business people, judges, and opposition politicians.

Despite this legacy of corruption, and the fact that Peruvians view corruption as one of the most serious problems facing the country, Congresswoman Fujimori sits atop the polls of the 2016 election. Is this a problem? How much should Peruvian voters consider Alberto Fujimori’s corruption and human rights abuses when they vote next month? And to what extent should the Fujimori family legacy affect their assessment of Congresswoman Fujimori’s approach to corruption?

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Fixing Perpetually Corrupt Institutions—The Philadelphia Story

Often in the anticorruption world we grapple with the question of how to deal with perpetually corrupt institutions. One example is the Philadelphia City Commission and its elected commissioners. In recent years, Anthony Clark, the Chair of the City Commission got paid despite not showing up to work, while other commissioners have engaged in overt patronage politics, such as doling out jobs to family members and steering city contracts to businesses and institutions run by family members (leading to the federal indictment of the daughter of the long-serving former Chair on corruption charges). And although credible voter fraud charges in Philadelphia are uncommon, the Commission has not done a particularly good job of administering elections, its primary job. For example, in 2012 more than 27,000 registered voters were somehow left out of the official polling books, and had to cast provisional ballots.

Things with the elected Philadelphia City Commissioners have gotten so bad that some (including the Committee of Seventy, a good governance group in Philadelphia, and the city’s two largest newspapers, the Philadelphia Inquirer and the Philadelphia Daily News) have called for abolishing the elected positions altogether. The Committee of Seventy has called for replacing the elected City Commissioners with an appointed board of professions to administer Philadelphia’s elections, although its plan is short on details.

This proposal relates to a larger issue with which anticorruption reformers in many jurisdictions struggle: which positions should be elected, and which should be appointed? When is democratic accountability the solution, and when is it the problem? There is no one right answer, of course—it all depends on context. Yet in the specific context of the Philadelphia City Commission, the instinct to eliminate the democratic process is premature for two reasons. Continue reading

The Corruption Is Too Damn High: Reforming Albany by Creating Additional Parties

New York state politics appears to be rife with systematic corruption, a truth underscored by the fact that two of New York’s most powerful politicians—Former Assembly Speaker Sheldon Silver and former State Senate Majority Leader Dean G. Skelos–will soon be headed to trial for corruption. What can be done about this? Federal government involvement may do some good, as the federal prosecutions of Silver and Skelos demonstrate; U.S. Attorney Preet Bharara is conducting many other investigations that have sent a chill of fear through Albany’s corrupt actors. Yet the threat of prosecution alone might not be enough, which as led many people, including contributors to this blog, to suggest a range of other reforms designed to reduce the motive or opportunity for New York state politicians to exploit their power for private gain. Such proposals include reducing or eliminating the ability of legislators to receive outside income, pinpointing the problem that Albany is far removed from the cultural and business heart of New York, and introducing term limits for state legislators.

Yet there is another reform possibility that has not been discussed much and might be more practical than it initially seems: activists devoted to fighting corruption could create an additional political party in effectively one-party districts. There are many political activists in New York who care deeply about good governance. For example, State Senator Liz Krueger started a “No Bad Apples” PAC to “recruit, train and support progressive, reform-minded candidates for the New York State Senate.” Enthusiasm and resources that now go to efforts like that within one of the two major parties could instead be channeled to the creation of “No Bad Apples”-type parties in one-party districts. It would make sense for progressive activists to create spin-off parties to contest safe Democratic seats and conservative activists to create spin-off parties to contest safe Republican ones.

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Political Finance Regulation and Perceived Corruption: Some Preliminary Exploration

Corruption is closely linked to problems associated with money in politics. Indeed, some have argued that an excessive/inappropriate influence of money on elections is corruption (even if it’s not necessarily illegal or currently viewed as unethical). Even for those who (like me) prefer a more restrictive definition of “corruption,” it is widely believed that these issues are related. Many hypothesize that countries with weak or ineffective systems of political finance regulation may experience higher levels of corruption—though at the same time excessively onerous, unrealistic regulations on political spending may also induce corruption in order to circumvent the official rules. Perhaps surprisingly, though, we do not have (or at least I have not yet seen) very much quantitative, comparative research on the relationship between the quality of countries’ laws on the regulation of political finance, on the one hand, and the extent of their corruption problems, on the other.

This may be starting to change, thanks in part to initiatives like the Money, Politics and Transparency (MPT) forum (a collaborative venture of the Sunlight Foundation, Global Integrity, and the Electoral Integrity Project). A few weeks back Rick posted a highly critical assessment of MPT’s volume Checkbook Elections, a collection of qualitative case studies. I haven’t yet read that report, but here I wanted to focus on another aspect of MPT’s work: a quantitative index that purports to measure how well 54 different democratic countries regulate political finance, based on responses to 50 survey questions in five different categories (public funding of elections, contribution and expenditure restrictions, reporting and disclosure, regulation of third-party actors, and monitoring/enforcement). The surveys include questions about both law and practice in all five categories; moreover, in addition to a composite index score, MPT also provides separate scores for the quality of electoral regulation both “in law” and “in practice.” (A detailed description of the methodology is available here.) All the usual caveats and concerns regarding these sorts of composite indexes of course apply here, but at first pass this seems like a useful resource, and potentially helpful in teasing out the relationships between political finance regulation and corruption more generally.

Real progress on this will front require careful research design, more extensive data, and the application of rigorous empirical methods—an enterprise for which I lack both the time and the talent. But just for fun, I played around a bit to see how the MPT index (and each sub-index) correlates with the 2014 Transparency International Corruption Perceptions Index (CPI). Are countries with better regulation of political finance (in law, in practice, or overall) perceived as more corrupt? Less corrupt? I’ll tell you what I found after the break, but just for fun take a guess now, before you know the answer!

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Not Corrupt, Not a Thief, But Not the Answer: Jimmy Morales and Corruption in Guatemala

Last month, Guatemalans went to the presidential runoff polls and elected former comedian Jimmy Morales in a landslide over former first lady Sandra Torres. Morales ran as an anticorruption candidate; his slogan, “not corrupt, not a thief,” says it all. Not being a thief might seem like a low bar for a presidential candidate, but Morales’s election shows that such qualifications are apparently and alarmingly sufficient in Guatemala. Despite never having held public office or having been involved much in politics as a private citizen (unless racism and cultural insensitivity count), Morales was a well-known and available outsider in the right place at the right time. Indeed, Morales seems to have gotten elected not despite but rather because of his lack of experience and prior political involvement—characteristics that were valuable assets against the backdrop of widespread public outcry against corruption in Guatemala over the last several months, culminating in the resignations and arrests of President Otto Perez Molina and Vice President Roxana Baldetti in September.

Many hail Morales’s victory as an indication that the anticorruption movement reached a tipping point and created change in Guatemala. But there are at least three reasons to worry that far from an anticorruption success, electing Morales may be a setback or at least a non-event for anti-corruption and democracy in Guatemala. Continue reading

Do Corrupt Politicians Deserve a Second Chance?

In 2003, Joe Ganim left his fifth term as mayor of Bridgeport, Connecticut in disgrace. A federal jury convicted Ganim on sixteen corruption charges, including racketeering, extortion, bribery, and mail fraud, and he served seven years in prison. Yet five years after his release, Ganim is poised to become mayor again, having won the Democratic Party primary (in overwhelmingly Democratic Bridgeport)—defying the predictions of those who thought his corruption sentence would make a political comeback all but impossible. Yet if Bridgeport were located just across the Connecticut border, in neighboring New York, Joe Ganim would not be allowed to run, because New York—along with several other states such as Mississippi, South Carolina, and Virginia—has a disqualification law. Such laws prevent officials who have been convicted of corruption-related crimes from running for elected office, for periods ranging from several years to life (depending on the state). We see something like this approach in many other countries as well, though different countries have adopted varied approaches to the question of whether people convicted of crimes – corruption-related or not – can run for office. In Brazil, politicians convicted of certain enumerated crimes, including corruption-related offenses, are barred for eight years pursuant to a 2009 bill (which had been championed by civil society groups). In Canada, those convicted for corrupt acts must wait seven years from the date of conviction before they can run for the House of Commons (the limit for those convicted of other crimes is five years). In France, courts have the discretion to impose, as part of criminal conviction, a period of up to ten years during which the defendant may not vote or run for public office. Other countries, like Denmark and Finland, leaves the matter up to the parliament, which can vote to disqualify someone convicted of an offense showing untrustworthiness or unfitness for public office.

Are disqualification rules of this sort a good idea? Would it be better if Connecticut had a law like New York’s, which would prevent someone like Joe Ganim from running for life? Should other democracies that suffer from widespread public corruption follow the example of countries like Brazil, which have adopted these sorts of disqualification laws? This solution is indeed a tempting one. After all, the Bridgeport race—and numerous elections elsewhere—show that voters will not always prevent those convicted of serious corruption offenses from seeking and winning public office. Yet the experience of countries that have adopted statutory disqualification signals reasons for caution. Although one must be careful about overly broad generalizations, given the extent of variation in government structure and political culture, disqualification laws raise serious risks, and may not be necessary. Continue reading

It’s Time to Stop Branding Public Works in the Philippines

In a post a few months ago, Matthew noted some challenges involved with education initiatives in the Philippines, where income disparities played a significant role in the success of an anti-vote-buying campaign. In particular, poor Filipinos perceived one campaign as condescending or insulting, and believed that the middle- and upper-class individuals behind those campaigns demonstrated a lack of respect in their approach to voter education. The issue goes much deeper than a single poorly-executed education campaign. Even popular anticorruption movements—such as the one that ousted President Joseph Estrada in 2001—were divided along class lines. Poorer Filipinos celebrated (and continue to regard) Estrada as a champion of the poor, while middle- and upper-class Filipinos demanded his resignation following allegations of plunder.

This tension between socioeconomic classes affects countless issues tied to Philippine corruption—from how Filipinos view their politicians, to how they define corruption at all. In his post, Matthew noted one such definitional problem–whether a politician helping constituents to pay for expenses associated with events like funerals or weddings can be classified as “vote buying”–but there are many other similar socioeconomic disparities in the perception of such interactions. It seems that members of different socioeconomic classes expect different things from their local, provincial, and national governments and politicians. To many of those facing extreme poverty, receiving a free birthday cake each year, or having government officials pay for a funeral, are not acts of impropriety, but rather are demonstrations of goodwill and a concern for wellbeing—values which they admire in political candidates.

But the conceptual problem is not simply borne of economic disparity. In many ways, politicians exacerbate these problems by “branding” public acts as their own personal contributions to society, rather than as official acts of their office. A simple drive around any Philippine province demonstrates the extent of this problem. Countless bridges, banners, buses, public housing units, food, disaster relief goods, and even announcements of recent public school graduates prominently feature the names and photographs of politicians. These purposeful efforts to put ones personal stamp on government works are insidious and must be eradicated from Philippine politics.

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