Bitcoin, Blockchain, and Land Reform: Can an “Incorruptible” Technology Cure Corruption?

Since its inception in 2009, Bitcoin—a digital currency secured by encryption—has attracted attention, interest, and controversy. Less attention (at least until recently) has been paid to other applications of the underlying technology, “blockchain,” that makes Bitcoin possible. And while the anonymity associated with Bitcoin is, if anything, often associated with illicit transactions in the “dark web,” other applications of the blockchain technology might be used to enhance transparency and promote integrity. Some of the early proposals along these lines are indeed encouraging; at the same time, blockchain is not a technological panacea, and recognizing its limitations can identify areas that may require particular attention in anticorruption efforts.

First, a bit more (non-technical) information on the technology. Blockchain functions as an online, public digital ledger. In the Bitcoin context, the technology makes it possible to track and record Bitcoin transactions in the ledger and distribute that information in real-time to all computers connected to the Bitcoin network. Because of this distribution, the ledger is updated independent of any central authority. Moreover, because each chronological “block” in the chain contains both unique information about each transaction and also a unique identifier of the previous block, which is then distributed to all computers on the network, it is very difficult (perhaps impossible) to tamper with or alter the transaction records.

While the blockchain technology made Bitcoin possible, its public and tamper-proof data storage function could assist with efforts to promote transparency and fight corruption. For example, in the context of land reform, Austin-based start-up Factom has reached an agreement with the Honduran government to transfer its land registry onto a blockchain-enforced digital database. The objective is to create a reliable land title-keeping system in a country where, as USAID notes, “only 14% of Hondurans legally occupy properties and, of the properties held legally, only 30% are registered.” In addition to a lack of registration, government officials currently can alter titles to those properties that are registered, allocating properties to themselves (or to others in exchange for bribes). Moreover, citizens often lack access to records, which may provide conflicting information, and are thus unable to defend themselves against infringement of property, use, or mineral rights. By recording land title in an immutable public registry (relying, according to reports, on the Bitcoin blockchain’s data-embedding function), the partnership between Factom and the Honduran government seeks to secure for the public a clear, trustworthy record of ownership in order to improve protection of land rights, and to incentivize registration.

This seems like a worthwhile initiative, and one that transparency and anticorruption advocates should watch closely. At the same time, it’s worth noting several reasons we should be careful not to lose sight of important corruption challenges amidst the excitement surrounding the digitized ledger: Continue reading

Close But No CICIGar… Yet: Replicating Guatemala’s Anticorruption Success

Guatemala’s international commission against impunity (known by its Spanish acronym, CICIG) played a pivotal role in answering widespread public demand this year for accountability for corruption in the government. CICIG’s investigations led to the resignations and arrests of top government officials—including the former president and vice president—following their involvement in a large-scale customs scandal. CICIG’s perceived success has let to calls in other countries for adopting (or adapting) the CICIG model elsewhere. For example, public outcry in Honduras over a healthcare scandal culminated in a proposal for a Honduran version of CICIG, to be led by the Organization of American States and formally titled the “Support Mission Against Corruption and Impunity in Honduras.” (Like CICIG, this body will also be known by its acronym in Spanish, MACCIH). There have also been calls to replicate CICIG in El Salvador (which thus far have led only to the continuation of a USAID-sponsored anticorruption initiative rather than creation of a full-fledged CICIG clone), most recently, in Venezuela.

These other governments, however, are resisting calls for full-fledged CICIG clones, and the existing or proposed institutions, like MACCIH in Honduras or the USAID initiative in El Salvador–have been met with skepticism. For example, many Honduran critics point to MACCIH’s limited mission as evidence of its limited effect. Indeed, many suspect that the Honduran government agreed to MACCIH precisely because its work is likely to be duplicative and ineffective, mainly focused on study and recommending improvements; the call for further study is seen, probably accurately, as a delaying tactic until the next election rather than a practical step forward. Anticorruption activists in Honduras have therefore introduced a bill that rejects MACCIH, calling it a governmental ploy to placate demand and avoid accountability, and requests a more CICIG-like body in its place.

To a certain extent, this skepticism is justified: both MACCIH and the Salvadoran USAID initiative are watered-down substitutes for CICIG at best. Nonetheless, the outlook may not be as bleak as it seems. CICIG may seem exemplary now, especially in comparison to MACCIH and the USAID initiative, but it was not always perceived this way. Many of the preconditions for CICIG’s recent success developed with its work over time. This is a cause for some optimism regarding the prospects for the “CICIG-lite” initiatives in El Salvador and Honduras, despite their limited mandate and powers. Nonetheless, certain structural problems–mainly related to funding and independence–are more worrisome. Continue reading

Guest Post: A “Guatemalan Spring”? — Not Yet.

Alicia Robinson, a student at Harvard Law School, contributes the following guest post:

Guatemala has long been beset by persistent poverty, corruption, and a culture of impunity – an Unholy Trinity that has afflicted much of Central and South America. Moreover, Guatemala has the misfortune of being geographically located at the center of major drug trafficking routes to the North American and European markets, where the unrelenting demand has allowed organized crime to strengthen its hold over the country’s institutions of governance. Yet as Mathieu Tromme’s recent post on this blog highlighted, there are some encouraging signs of change. Most notably, the recent uncovering of a massive tax fraud orechestrated at the highest levels of the executive branch triggered protests that forced the resignation of the vice president – a major victory against impunity in the country.

However, despite this success, and the broad popular support for more action against corruption and impunity, Mr. Tromme may be overly optimistic when he characterizes this this event and the surrounding protests as the inception of a “Guatemalan Spring” that will bring an end to the era of impunity in Guatemala. Corruption still very much riddles every corner of Guatemalan society and the toughest part of the battle lies ahead. Continue reading