Guest Post: The Importance of Integrating Anticorruption into Military Capacity-Building Programs

Today’s guest post is from Associate Professor Åse Gilje Østensen of the Royal Norwegian Naval Academy, and Sheelagh Brady, Senior Analyst at SAR Consultancy:

In developing countries faced with security challenges—such as armed conflict, insurgencies, or widespread violence—foreign donors often offer capacity-building programs to strengthen local security institutions. However, many of these capacity-building programs do not consider corruption or incorporate anticorruption measures within their design. And when donors do consider corruption in military capacity-building programs, they typically focus narrowly, and short-sightedly, on safeguarding program funding, with little apparent concern beyond that. The view seems to be that one can build military or police capacity first, and then (perhaps) deal with corruption later, or even leave anticorruption efforts entirely to organizations and agencies dedicated to this purpose.

This approach is likely mistaken. As documented in a recent case study from the U4 Anti-Corruption Resource Centre, Capacity Building for the Nigerian Navy: Eyes Wide Shut on Corruption?, capacity-building efforts in weak states with pervasive corruption can stimulate corrupt or even criminal activity, which may result in more of the insecurity that these efforts are supposed to reduce. As the U4 report notes, “capacity building can strengthen the abilities of corrupt actors to devise corrupt schemes, as the skills and equipment provided may be used to ‘professionalise’ corrupt practices.” Donors and policymakers therefore need to see corruption as a critical concern at the top level of foreign and security policy across countries, and make anticorruption a key component of the design, implementation, and follow-up of military and police training.

In contrast to more ambitious and comprehensive security sector reform programs, capacity building programs seek to achieve modest improvements in capabilities, usually by providing training, mentoring, and/or equipment. Yet while modesty in terms of goals may be useful, donors may be tempted to think that the limited scope of capacity-building interventions implies limited risk. Yet a host of problems can arise when anticorruption measures are not incorporated into capacity building. Most obviously, when adding particular skill sets or strengthening the operational capacity of corrupt security institutions, security personnel may improve their ability to divert resources from their intended purposes. Worse still, building selected capacity without addressing corruption could mean bolstering the segments of the security apparatus involved in facilitating or carrying out criminal activity. It is hard to know just how big of a problem this is, but there are indications that capacity building very often is provided to corrupt security sectors. For example, several studies have found the Nigerian Navy to be heavily involved in facilitating illegal bunkering, oil theft at sea, and piracy in the Gulf of Guinea (see here, here, here, and here). At the same time, the Navy is a partner to two capacity building programs sponsored by the U.S. military’s Africa Command (AFRICOM): the Africa Maritime Law Enforcement Partnership (AMLEP) and the Africa Partnership Station (APS). Neither of these programs implements measures to prevent corrupt actors in the Navy from using their newfound skills and better technology to fuel insecurity and crime. More generally, according to the Security Assistance Monitor, in 2016 alone the United States provided over $8 billion in arms and training to 50 of the 63 countries that Transparency International (TI) has rated as a having a high or critical risk of corruption in their defense sectors.

How can anticorruption efforts be made part of capacity-building programs? The first step is to recognize that corruption can undermine the results of security assistance programs, and to avoid compartmentalizing “security” and “corruption” as two unrelated issues. After recognizing this fundamental point, one can design and implement sensible anticorruption measures, tailored to the particular circumstances, in particular the informal power distributions and incentive structures that determine who gains from corruption and how. And before implementing capacity building programs in the first place, donors should carefully consider whether those programs will translate into institutional improvements or will instead create “capital” that may be attractive to corrupt actors, subversive forces, or disloyal individuals.

Guest Post: Toward Global Standards for Defense Sector Governance

Amira El-Sayed, Program Manager for Transparency International’s Responsible Defence Governance program, contributes today’s guest post:

The governance of military power presents one of the great global challenges of our age. The defense sector is large, powerful, and secretive, and for those reasons especially vulnerable to corruption. In many countries, small groups of elites divert defense resources for personal enrichment, which can create risks to a state’s stability and security. Perhaps ever more troubling, in many countries powerful militaries run vast and secretive business empires exempt from oversight. Some of these businesses, such as resource extraction, are nominally legal, but militaries are often enmeshed with illegal activities like the trafficking of drugs, arms, and people. This too threatens state security, in at least two ways. First, poorly governed, corrupt militaries may be unable to respond effectively to genuine national security threats. Second, when the military uses its power to secure economic advantages for elites, this may contribute to the public resentment and frustration that can fuel violent extremist movements.

Improving governance in the defense sector is especially challenging. Defense sectors have historically hidden behind an “exceptional” status that has been used to stymie governance reform, with “national security” invoked as a sweeping justification to evade legitimate scrutiny from independent institutions and experts, such as auditors, anticorruption institutions, and civil society organizations. And this is not just an issue in authoritarian states: even in democracies, militaries are often exempted from meaningful oversight by parliamentary committees, judiciaries, audit offices, and anticorruption bodies, even as oversight by those bodies expands in other areas. While the need for secrecy may well be more pressing with respect to certain aspects of military and defense policy, the exemption of the defense sector from meaningful scrutiny is often overbroad, unjustified, and used to mask corruption, misuse of resources, and incompetence.

So how do you address one of the most complex challenges in governance, in a sector that has been exceptionally secretive, opaque, and impenetrable? Some of the work has to be done at the national level in individual countries, tailored to the each country’s specific circumstances. (There are many examples of such work by Transparency International (TI) and other civil society organizations. For instance, in Ukraine TI worked to establish high-level defense anticorruption committee called NAKO, and in Nigeria TI worked with the Air Force to take examine its governance structures and anticorruption systems.) But what about global standards, along the lines of what has been developed in other areas, like human rights and labor? Here there appears to be a significant gap. True, some security-related instruments do provide some principles for state/military behavior in specific areas, such as the OCSE Code of Conduct, UN Arms Trade Treaty, the NATO Building Integrity Programme, and the Tshwane Principles. And some of the general anticorruption or governance-related instruments, such as the UN Convention Against Corruption and Open Government Partnership, have some limited applications to the defense sector. But none of these instruments offers a comprehensive global approach to defense governance.

To fill this gap, TI is launching an initiative to formulate, formalize, and promote a set of global principles that underpin responsible, accountable governance of military power—principles that would embrace the idea that the military must be accountable to the people and that would, if followed, improve domestic governance of the defense sector. That is, TI is working with national governments, other civil society organizations, and the international community to develop Global Standards for Responsible Defense Governance, embodied in a Declaration on the Responsible Governance of Military Power. Continue reading

The Toll Corruption Takes on Afghan Security Force Capacity

Corruption in Afghanistan and its role in the ongoing instability of the country has been discussed on this blog before (see, for example, here, here, and here), but for the most part in fairly general, strategic-level terms. In this post, I’m going to zoom in and explain in greater detail two particularly insidious types of corruption that plague the Afghan National Defense and Security Forces (ANDSF): 1) the problem of “ghost” soldiers, and 2) the pilfering of fuel, weapons, and other supplies intended for security force personnel. These forms of corruption leave Afghan security forces hollow and ill-equipped to accomplish the missions assigned to them. As long as pervasive corruption continues to undermine force capacity, readiness, and morale, the prospect of Afghan government forces gaining the upper hand on the Taliban and other insurgents remains slim.

“Ghost soldiers” are fictitious troops added to personnel rosters by corrupt officials who then collect the extra pay allocated for these (in some cases deceased, in some cases no longer active, and in some cases totally made-up) soldiers. To give a sense of the scale of the problem, consider the 215th Corps of the Afghan National Army. In 2015, local officials suggested that up to 40 percent of names on the books did not correspond to actively-serving soldiers. For the 215th Corps, with an authorized strength of 18,000, that would mean fewer than 11,000 soldiers were actually available to fight. Earlier this year, US Army Major General Richard Kaiser, commander of Combined Security Transition Command-Afghanistan (CTSC-A), told the Wall Street Journal that the US had removed from the Afghan military payrolls more than 30,000 suspected ghost soldiers. That group of names amounted to over one-sixth of the Afghan army, significantly less than 40 percent but nevertheless a staggering figure. For reference, 30,000 is the same number of additional US troops President Obama sent to Afghanistan in December 2009 in a surge deemed necessary to turn the tide in the conflict.

Continue reading

The US Navy’s “Fat Leonard” Scandal: How the Virtuous Fall

Last March, the U.S. Department of Justice unsealed the latest indictment in the so-called “Fat Leonard” corruption scandal that has haunted the Navy since 2014 and continues to grow. “Fat Leonard” is Leonard Glenn Francis, a Malaysian citizen and the owner of Glenn Defense Marine Asia (GDMA), which provided support to the Navy’s Seventh Fleet in Southeast Asia from 2006-2014. When Navy ships pull into foreign ports, local companies are contracted to provide marine husbanding, port security, refueling and waste management services, ground transportation for sailors and Marines in port, etc. GDMA offered these services, but also much more: for a number of senior Navy officials, Francis paid for prostitutes, extravagant meals, luxury hotel stays, and other travel expenses, and provided gifts of both cash and goods. All he asked for in return was assurances that Seventh Fleet ships would use ports Francis controlled, classified information about Navy operations (including ships’ schedules), sensitive information on the business practices of his competitors, and assistance in facilitating a price gouging scheme that yielded GMDA excess profits of $35 million over eight years. The total number of people charged in the “Fat Leonard” scandal now comes to 27, including two admirals, fifteen other senior active duty naval officers, an NCIS special agent, and two contracting supervisors; another 200 additional individuals remain under scrutiny by prosecutors. This was a full-fledged cultural problem, not just a case of a few bad apples.

The details of what these men got up to in port are quite salacious, but my focus in this post is instead on what this scandal exposes about how corruption can spread among decorated public servants and what can be done to prevent similar scandals in the future. Every single one of the senior officers charged had been trained to be self-disciplined and to put mission and country above self—it’s what those of us who serve in the military vow to do. Each officer had a long and distinguished career before becoming entangled with Francis and his lurid scheme. Yet each sold his integrity, and sold out his country, for immediate gratification. Why? Continue reading

Corruption in Kurdistan: Implications for U.S. Security Interests

Since the rise of ISIS, the Kurdish Regional Government (KRG) has been a vital U.S. ally in the fight against ISIS. The KRG is in many ways a unique sub-state, created through U.S. intervention following Saddam Hussein’s genocidal campaign against the Kurds, and preserved in the new Iraqi constitution through Article 137, which grants the KRG a degree of autonomy.  Yet Kurdistan is plagued by corruption common to governments that, like the KRG, are heavily reliant on oil and gas revenue. Of the hundreds of millions dollars produced by the oil and gas industry in Kurdistan each month, only a portion reaches the actual Kurdish economy. Kurdish officials have tried to combat this problem to some degree, but oil revenues continue to “leak” from official channels to foreign advisors and government ministers. The problems are exacerbated by the fact that the KRG government, while nominally a democracy, is dominated by two tribal-familial groups, the Barzani and the Talabani, and the government actually resembles a hereditary dictatorship more than a parliamentary democracy, with the Barzani family in particular controlling the presidency, prime minister, and head of the region’s security forces through direct familial ties. In fact, current president Massoud Barzani has been serving without a democratic mandate since 2013.

KRG corruption is not just a concern for the Kurdish people, but a real security threat for the United States, for two main reasons: Continue reading

Why Did the U.S. Fail to Fight Corruption in Afghanistan Effectively?

The war in Afghanistan is already the longest conflict in United States history. Over the past fifteen years, the U.S. government has poured over $100 billion into the reconstruction effort—more than the Marshall Plan. In spite of this massive public investment, Afghanistan’s government is weak, its economy is moribund, and the Taliban remains an active threat in the region. Contributing to all of those problems is persistent, systemic corruption. This problem was highlighted recently by a report from the Special Inspector General for Afghanistan Reconstruction (SIGAR), which  served as a harsh reminder not only that corruption in Afghanistan remains is daunting problem despite years of the reconstruction effort, but also that the U.S. has failed to address the problem, and has sometimes made it even worse. According to the SIGAR report, the U.S. failed to grasp the importance of combating corruption as part of a broader effort to improve security and stability, with policymakers and military leaders instead viewing anticorruption as a competing goal that had to be traded off against the seemingly more pressing security goals.

The SIGAR report is valuable in many ways, and its emphasis on viewing anticorruption and security as complementary rather than competing goals is welcome. (This corruption-insecurity link, and its relative neglect, have been emphasized by many other outside critics as well, most recently and prominently Sarah Chayes, who has argued that when government breaks down under the weight of corruption, people in those countries are pushed towards radicalization.) But the SIGAR report’s suggestion that the U.S. failed to adequately confront corruption in Afghanistan because leaders failed (until recently) to grasp this complementarity is not quite right.  Continue reading

TNI’s Gold Mine: Corruption and Military-Owned Businesses in Indonesia

The Grasberg Mine, located close to the highest mountain in West Papua, Indonesia, is the world’s largest gold mine and third-largest copper mine. The mine, owned by the corporation Freeport-McMoRan Copper & Gold, has been the site of strings of grave human rights abuses, linked to Indonesia’s own National Armed Forces (Tentara National Indonesia/TNI). TNI’s presence in the territory is ostensibly to protect the mine, and Freeport’s Indonesian subsidiary acknowledges having made payments of as much as US$4.7 million in 2001 and US$5.6 million in 2002 for such government-provided security. A report by Global Witness, however, revealed numerous other payments ranging from US$200 to US$60,000 that Freeport Indonesia allegedly made to individual military officers.

The TNI’s sale of security services to companies like Freeport is only one of the many business ventures conducted by the TNI and its officers. As Human Rights Watch has reported, the Indonesian military has been supplementing its income through both its formally established companies, and through informal and often illicit businesses such as black market dealing. Moreover, the military’s business activities (both lawful and unlawful) are largely shielded from public scrutiny: budgeting for military purposes is generally kept secret, and TNI members generally refuse to answer questions about institutional spending.

Military-owned business in Indonesia are problematic, not only because this private-sector activity impedes military professionalism and distorts the function of the military, but also because it also contributes to crime, human rights abuses, and especially corruption. This problem is greatly compounded by the fact that TNI officers generally enjoy immunity from corruption charges brought by civilian institutions. In fact, the Transparency International’s Defense and Security Program has deemed Indonesia one of the countries most prone to corruption in its defense and security institutions. It is therefore appalling that this issue has not been addressed more seriously by the Indonesian government. Although a 2004 law mandated the transfer of control over TNI businesses to the civilian government within five years, the law did not clearly specify which types of business activities were covered, and this legal loophole enabled the TNI to preserve many of its moneymaking ventures, including TNI’s infamous security services—to say nothing of already-illegal criminal enterprises and illicit corporations. Moreover, despite the five-year timetable in the law, the government has been notably reluctant to enforce the transfer of ownership, making repeated excuses alluding vaguely to the need for the TNI to compensate for the lack of budgeting for security purposes. As a result, despite some efforts to reform the way the TNI is allowed to handle its businesses, military-owned businesses in Indonesia continues to flourish, with the Indonesian people of Indonesia having to pay the price.

The government’s weak response towards the military’s non-compliance with the 2004 law is merely one of the many indicators of how impervious the TNI’s power and seeming impunity. There are factors that contribute to this impunity, along with the corresponding corruption and abuse of power in the operations of military-owned businesses: Continue reading