How Can We Assess the Sincerity of Anticorruption Campaigns?

The first step to solving a problem is admitting you have one. And many countries plagued by corruption did just that over the course of 2017, with Venezuela, China, Russia, Ukraine, the Philippines, Saudi Arabia, and several other nations launching (or in some cases continuing) high-profile anticorruption campaigns. Yet outside observers often have difficulty distinguishing sincere, well-intentioned anticorruption campaigns are well-intentioned from politically-motivated purges. Moreover, this dichotomy may be too simple, as many anticorruption campaigns may have mixed or complex motives. (Very often, for example, individuals targeted by an anticorruption campaign may have both engaged in misconduct and also be political opponents of the ruling faction.) Yet even though it is difficult for outsiders to assess the motives of foreign countries’ anticorruption campaigns—especially in real time—such an inquiry is often necessary, especially when outsiders must decide how aggressively to assist with things like asset freezes, extradition of fugitives, and other sorts of aid and support for anticorruption efforts.

While there is no definite set of criteria that can be used to determine the sincerity of an anticorruption campaign, it is nonetheless possible to develop a set of questions than can serve as reference points and  channel our attention to certain key issues, or “red flags,” that might help us distinguish sincere and genuine anticorruption efforts from those that are mainly political vendettas. Such questions might include the following: Continue reading

Can Sri Lanka Clean Up Its Elections?

Schools bags, school books, seed and fertilizer, clothes, sewing machines, clocks, calendars, and mobile phones – these are just some of the items that were distributed to the public during the 2015 Sri Lankan Presidential election campaign as “election bribes”. Indeed, this election was plagued by widespread violations of election law and the blatant misuse of state resources, including the illegal display of cut-outs, distribution of money during political meetings, the use of vehicles belonging to state institutions for propaganda purposes, and the construction of illegal election offices. Moreover, overall spending on election activities by the two main candidates was colossal. Incumbent Mahinda Rajapaksa (the losing candidate) is reported to have spent over 2 billion Rupees (approximately US$13 million) of public funds on his advertising campaign alone, excluding the cost of production, while the winning candidate, Maithripala Sirisena, is reported to have had a budget of 676 million Rupees (approximately US$ 4.4 million) for electronic and print media.

In this context, reports that the Cabinet of Sri Lanka has unanimously approved a proposal to amend the country’s election laws in order to place more controls on campaign-related expenditures is good news. Such reform would address a gaping void in the existing legal framework: although Sri Lanka has laws prohibiting vote-buying and similar practices, there are currently no laws regulating campaign finance. The specifics of the approved Cabinet Memorandum are still not publicly available, and it is therefore not yet possible to offer a detailed evaluation of the proposed changes. Nonetheless, given what we already know about election campaigns in Sri Lanka—especially regarding the corruption risks associated with the lack of adequate regulation—it is possible to offer a few general observations and recommendations. Continue reading

Some Realistic Steps to Address Corruption in Cambodia’s Prisons

Prisons are perfect environments for corrupt activity (see here and here), even in countries that are generally not corrupt. A captive, marginalized, and powerless population is at the mercy of an armed, empowered group for everything from safety to basic food and water supplies. In Cambodia, a deeply corrupt country to begin with, prison corruption impacts every aspect of incarcerated life. Prison conditions are abysmal; water and food are scarce and are often unsafe to consume; prisons are severely overcrowded; and prisoners are subject to beatings and sexual abuse by other prisoners and guards. The Cambodian NGO Licadho found that “[t]here is a price tag attached to every amenity imaginable [in prison], from sleeping space to recreation time. Those who can’t afford to pay are forced to endure the most squalid conditions.” Even release from prison at the end of a sentence can be contingent on paying bribes.

These conditions constitute clear, and awful, violations of the human rights of prisoners. Cambodian prison corruption also threatens to undermine Cambodia’s already shaky justice system: As long as prisons are seen as institutions of corruption, torture, and injustice, as opposed to centers of rehabilitation, they will never escape the image left behind by the Khmer Rouge.

There aren’t a lot of feasible solutions, however. Both financial resources and political will to address prison corruption are very limited. Major reforms that would address fundamental problems, such as the lack of an independent judiciary, are hard and expensive, and the current government is not open to them. Nevertheless, there are a range of more modest reforms, which are both less expensive and more politically feasible, that could reduce corruption in prisons and improve the situation of many prisoners. Consider three such low-hanging fruit:

Continue reading

Improving Mutual Legal Assistance: Lessons from Asia

Back in 2014, Rick called for further analysis of mutual legal assistance (MLA) processes and potential reforms that would promote responsiveness to MLA requests in anticorruption cases (and others). As a follow-up, I wanted to highlight the findings of a recent report from the Asian Development Bank (ADB)/Organization for Economic Cooperation and Development (OECD) Anti-Corruption Initiative for Asia and the Pacific. The report, entitled “Mutual Legal Assistance in Asia and the Pacific: Experiences in 31 Jurisdictions,” provides examples of various obstacles to effective MLA, which I have sorted into two general categories: legal and practical. Continue reading

When and Why Do Corrupt Politicians Champion Corruption Reform? A Character Study

Can corrupt leaders enact effective anticorruption reform? The brief answer seems to be yes: Leaders who are (perceived as) corrupt can initiate and support effective anticorruption reform efforts. For example, as this blog has previously discussed, President Peña-Nieto (who has repeatedly been accused of corruption and graft) supported constitutional anticorruption reforms in Mexico. Egypt’s current President, Abdel Fattah al-Sisi, has similarly launched various anticorruption campaigns, even while fending off numerous corruption allegations.

But why do corrupt leaders institute anticorruption reforms? While there’s no universal explanation, there appear to be at least three archetypes that might help anticorruption activists identify and push unlikely reformers: The Power Player, The Top-Down Director, and The Born-Again Reformer. Continue reading

Corruption’s Gendered Double Standard

On November 8, 2016 the United States almost elected Hillary Clinton as its first female president. But, if Donald Trump and many of his supporters were to be believed, Secretary Clinton was also one of the most corrupt politicians of all time. This argument appears to have swayed many American voters, who ended up electing Donald Trump (who might actually be the most corrupt person recently elected to the presidency, see here, here, and here). That Trump’s unprecedented accusations of corruption were leveled against the first female presidential candidate nominated by a major political party was not a coincidence.

A great deal of commentary has considered whether women (and especially female politicians and public officials) behave less corruptly than men. (For some prior discussion on this blog, see here.) But I’d like to focus on a different question: Are female politicians accused of corruption treated differently—and judged more harshly—than male politicians? Existing research suggests that they are, which in turn may explain both why allegations of corruption can be more damaging to female politicians, and why female public officials are on the whole less corrupt. Continue reading

Why Does the Chinese Communist Party Tear a Hole in its Own Democracy Cloak?

The People’s Republic of China recently uncovered the biggest vote-buying scandal since its founding in 1949. On September 13, 2016, the Standing Committee of the National People’s Congress (NPC), the national legislature, dismissed 45 of the 102 NPC representatives from Liaoning province for securing their seats in the NPC through vote buying. These NPC representatives had apparently bribed representatives to the Liaoning provincial Congress, which elects NPC representatives; 523 out of the 619 Liaoning provincial congress representatives were also implicated in this scandal, and have either resigned or been removed for election rigging, rendering the Liaoning provincial legislature inoperable. The central authorities stated that the “unprecedented” bribery scandal challenged the “bottom line” of China’s socialist system and the rule of the Chinese Communist Party (CCP).

For many observers, reports of this vote-buying scandal came as a surprise. Some commentators wondered why people would risk getting caught and punished for corruption, just to secure a seat in a legislature that has been derided as little more than a rubber stamp. The most plausible explanation is that a seat on the NPC facilitates access to the rich and powerful, and it is this consideration, rather than the mostly symbolic power of the legislature itself, that motivates candidates to buy votes in NPC elections. (See here, here and here). There is, however, a second puzzle about the recent vote-buying scandal—one that is in fact more puzzling and important, though it has not received as much attention: Why do CCP leaders care about electoral corruption in NPC elections, if the NPC merely rubber-stamps party decisions? True, the CCP under President Xi Jinping has made the fight against official corruption a top priority—but given the prevalence of corruption in so many areas of Chinese government, many of which have immediate practical consequences, why target electoral corruption in the NPC?

The question becomes even more interesting when one considers that calling attention to vote-buying in NPC elections—a form of corruption that might otherwise not attract much attention—poses certain risks to the CCP. First, even if the NPC is mostly a rubber stamp legislature, it represents the symbolic core of state power, and is central to the CCP’s “socialist democracy,” a model the Party has long used to resist the Western-style multi-party democracy. As one commentator put it has observed, the exposure of the NPC vote-buying scandal has torn a large hole in the country’s “democracy cloak.” Second, exposing widespread corrupt practices could also increase pressure for systemic reforms. So why did CCP leaders choose to crack down on corruption in the legislature so openly? Continue reading