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NATIONAL DISTRICT ATTORNEYS ASSOCIATION
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victims of crime advocacy report resources
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Tort law,
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the law of crimes CrimOutline-Harcourt06
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forensic lab investigation questions, how to investigate, what to
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judicial misconduct ExecutivesummaryfinalJE
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affidavit Steven de Sante
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how to court broadcast
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riverside investigation of police, Attorney generals office
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elder injury reported to
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3 Police officers are accorded the same rights as public official
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elder asset laws
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trial handbook on homicide
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the law of crimes
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a| Introduction to advocacy ................................................................................................................. 05
b| How to develop an advocacy plan ................................................................................................. 07
c| Examples of advocacy on judicial corruption ........................................................................... 11
d| Ideas for advocacy action ................................................................................................................. 15
a| Frequently Asked Questions about Judicial Corruption ....................................................... 17
b| Diagnostic Checklist for Assessing Safeguards against Judicial Corruption ............... 23
c| Executive Summary of GCR 2007 .................................................................................................. 33
d| Four Transparency International Policy Positions:
Promoting Fairness in Judicial Appointments ...................................................................... 39
Promoting Decent Judicial Terms and Conditions ............................................................ 41
Judicial Accountability and Discipline ................................................................................... 43
a| List of conferences and events ....................................................................................................... 49
b| List of organisations and individuals ........................................................................................... 51
c| PowerPoint presentation on judicial corruption ..................................................................... 59
d| Personal stories of people fi ghting judicial corruption ........................................................ 63
e| Press guidelines
Developing key messages for the media ................................................................................ 65
Sample media advisory .................................................................................................................. 67
Sample press release ....................................................................................................................... 68
cacy to combat judicial corruption in their country. The toolkit is published alongside TI's Global Corruption Report 2007,
which focuses on judicial corruption.
as a central point to store all materials related to the advocacy work for the GCR 2007. All material can be accessed
here: www.transparency.org/chapterzone/projects/judiciary_advocacy. In the Online Forum under www.transparency.
org/chapterzone/forums you can discuss advocacy-related activities with other Chapters and share your experiences. To
access the Chapter Zone, go to www.transparency.org/chapterzone, and, if you are not already registered, click on the
'register here' tag in the third paragraph.
The aim of this section is to provide an introduction to advocacy and help you to create your own strategic advocacy
plan. It also provides examples of advocacy on judicial corruption and some ideas for advocacy actions that may be use-
ful or inspiring. The section contains four documents that introduce advocacy and advocacy plans, and provide specifi cs
on advocacy related to judicial corruption as carried out by TI national chapters.
The purpose of this section is to provide a solid background for understanding corruption in the judiciary, as well as TI
recommendations for combating judicial corruption, derived from the GCR 2007. It contains nine documents, aimed at
equipping you with the knowledge and tools to examine judicial corruption. It contains materials such as an FAQ on the
GCR and judicial corruption, and TI's policy positions on judicial corruption, amongst others.
This section provides you with additional resources which can be used to aid your advocacy actions. These include,
amongst others, a list of conferences and events related to judicial corruption; a list of organisations relevant to the fi eld,
arranged by region; and various press and communications guidelines.
up in the TI-Secretariat to assist the TI movement in its advocacy strategy on combating judicial corruption. The
J-AWG is lead by Victoria Jennett and consists of members from each TI-S department (regional departments, global
programmes, policy and research, communications, external and internal resources). The J-AWG was greatly assisted in
the production and writing of the Advocacy Toolkit by three key consultants: Ian Chandler from 'The Pressure Group' has
guided us on how to develop strategic advocacy; Kyela Leakey has acted as an advisor on the judiciary and was instru-
mental in producing the Diagnostic Checklist included in this toolkit and last, but not least, Jill Ervine has been key to the
smooth production and design of the toolkit.
your regional coordinator at TI-S.
practice of governments and other institutions. It is an essential part of a healthy society that ensures that policy making
is informed by the views of civil society. Depending on the tactics chosen, advocacy can be friendly to those in power or
it can be confrontational, but it always has a particular goal in mind.
less experience. We hope that this guide will help to make all of your advocacy actions more focused and effective.
you to follow through the section, 'How to develop your advocacy plan'. Like an iceberg, most advocacy work is hidden
below the surface – this is the research and planning required. The visible elements – conferences, media coverage, lob-
bying meetings, etc. – account for only a small proportion of the total activity.
social contexts, and the different resources available to each Chapter. That is why we take you through the process of
planning, rather than tell you what needs to be in your plan. This toolkit is intended to empower, rather than direct,
you.
provides an opportunity to raise the profi le of the issue of judicial corruption. If you have done your research and devel-
oped your advocacy plan, you can use the publication of the GCR to launch an advocacy campaign in your country. If you
haven't done the research or developed an advocacy plan yet, you can still be involved by using the launch of the GCR as
an opportunity to announce your intentions to assess the integrity of your judicial system and show how it matches up
against international standards. This alone may attract media coverage and reactions from policy makers.
org/chapterzone/forums, and provide feedback on your activities. We can learn a lot from each other's experiences and
build a great bank of advocacy ideas.
practice of governments and other institutions. It is an essential part of a healthy society, ensuring that policy making
is informed by the views of civil society.
Achieving real change is not easy. Great forces resist us, whether they are political inertia, vested interests or corruption.
If we are to be effective, we must be focused on what we want to change and fully understand the process by which
that change can take place. We must have authoritative research, use professional infl uencing techniques, be creative in
our communications. Above all, we need a clear and well thought out strategy.
Without a good advocacy strategy, we may still be able to raise the profi le of the issue of judicial corruption, but we are
unlikely to infl uence any lasting change in the situation. Effective advocacy helps us to change government policy and
practice as well as the attitudes and behaviour of individuals and groups in society.
conferences and seminars; publishing materials, such as reports, leafl ets and posters; lobbying policy makers; engaging
with the media; and so on. The actions you choose to undertake will depend on your infl uencing strategy, which in turn
is determined by the context in which you are doing the advocacy.
This short guide takes you through the fi ve main stages listed above, providing guidance about the processes you can
undertake and suggestions for actions that may be appropriate. However, every country is different and it is important
that you draw on your own experiences and that of your allies.
This is a simple matter of agreeing how decisions will be made; who is responsible for each task; and how you are going
to review your progress and update your plans when necessary.
Each TI Chapter has its own way of working, but it is likely that you will assign someone to be project leader for advocacy
on judicial corruption. That person will probably be the main spokesperson for the advocacy campaign, although for
some audiences it may be more appropriate for the president of the Chapter to fi ll the role.
You may also decide to set up a project team of Chapter members, including some external experts who are sympathetic
to your goals. This team can develop plans, organise activities and monitor progress.
The GCR 2007 sets out a number of causes of judicial corruption and their remedies. This analysis has informed the
production of the
consult with key stakeholders in the judicial system.
Once you have made this assessment, you need to develop recommendations for how to combat judicial corruption.
These recommendations will be specifi c to your country and its political and legal context, and will probably consist of a
list of detailed actions that different actors should take.
and your recommendations for remedying the situation. Once the Chapter has approved it, the policy position will form
the basis for all your advocacy work.
To make your advocacy more effective, however, you will probably need to focus on one or two of the most important
recommendations. This will enable you to concentrate your efforts so that your advocacy resources can have most im-
pact. You will also be able to communicate the issue more easily, and so have a better chance of winning the support
and involvement of other stakeholders. Once you have won the argument on these main issues, you will be in a better
position to advocate for other recommendations in the policy position.
an advocacy objective could be: 'The government to establish by the end of 2007 an independent judicial
appointments commission in line with international standards.'
You will need to develop an
just waiting for someone to advise them on how best to do it. If that is the case, your task is easy – just arrange a meeting
with the people responsible and explain your recommendations.
However, that scenario is unlikely: policy makers may have other priorities for their time; may not recognise that there
is a problem; or even have a vested interest in maintaining the existing status quo in the judiciary. In this case, you will
need to identify what 'channels of infl uence' you can use – in other words which
3.1 Understand the policy-making process
If you are to infl uence a particular policy, it is essential that you understand how that policy is developed and agreed.
A useful exercise is to draw a fl ow chart setting out all the stages in the policy-making process and who is involved at
every stage. Some research may be needed to complete the task.
As part of this exercise, you should identify the 'decision maker' (the person responsible for the policy) and other key
stakeholders who are involved in developing policy and approving the decisions.
You need to be clear about the context in which you are operating in order to help you make strategic choices later in
the planning process.
One useful tool for doing this is the
of these six categories, and undertake further research to fi ll in any gaps in your knowledge.
You may also want to identify any related advocacy campaigns and learn from their experiences.
Identifying forthcoming events (local, national and international) that can provide opportunities for advocacy action
should also be researched and listed.
What is needed is an honest assessment of the resources available to you to undertake the advocacy and make change
happen. Resources can include your funds, people and their skills, and the reputation of your organisation and its rep-
resentatives.
A suitable tool to use here is a
your strengths and counteract your weaknesses. At a later stage you will decide which opportunities to exploit and how
to manage the threats.
To help you determine your strategy and choice of target audiences to infl uence the decision maker, you need to analyse
the positions of the different stakeholders involved.
A simple stakeholder analysis can be done by:
come)
maker.
ate, to form an advocacy alliance with them. Some of the top-ranked neutrals can be targeted to persuade them to
agree with your objectives. Top-ranked opponents need to be monitored so that their arguments can be understood and
countered.
You now need to make some hard choices. It is usually better to focus on a few target audiences so that you can con-
centrate your resources, tailor your approach and follow up your contacts with sustained engagement. In this way, you
have a greater chance of making a breakthrough. A more superfi cial and untargeted communication with a wider range
of audiences is likely to have little impact.
Based on your stakeholder analysis, and informed by your understanding of the policy process, advocacy environment
and your advocacy capacity, you can now choose what approach to take and which stakeholders will be your channels
of infl uence (and hence your target audiences).
At this stage, you may also wish to determine some
You can now defi ne your core message – a short sentence setting out the most important message you want to get
across to your audiences. This will help ensure your communications are focused and coherent across your campaign.
For each of your selected target audiences you need to develop an action plan setting out what you want them to do;
how you are going to engage with them; what materials you need to produce; and what actions you will organise or
undertake.
Every communication activity or publication should be designed to achieve a specifi c purpose for a specifi c target audi-
ence, and so take you closer to your objectives. The most suitable method of communication will depend on the audience
and the message to be conveyed.
Policy makers and opinion formers (e.g. academics, politicians, community leaders, etc.) need detailed messages sup-
ported by rational arguments based on good evidence. Communications with this group should be personalised – letters,
phone calls, meetings, etc.
On the other hand, you should communicate with public audiences using simple messages presented in an interesting
and emotive way. There are advantages in being creative in designing these activities as they give you a greater chance
of being noticed. Apart from using the media, there are many other ways of communicating with the public, including
posters, leafl ets, open meetings, street theatre and other events.
Media coverage can be gained in a number of ways, depending on the type of media you are targeting. Your aim should
be to achieve more than a small article about the launch of the GCR 2007. You want both high-profi le and in-depth
coverage that relates to the issue of judicial corruption and the condition of the judiciary in your country.
High-profi le coverage can come from organising stunts and other photo-opportunities. Newspapers and TV are more
likely to cover your story if there are visual images they can use. Again the more creative you are, the greater chance you
have of your story being covered.
In-depth coverage in newspaper and magazines can result from encouraging journalists to write articles about judicial
corruption. You can help them by providing all the information and contacts that they will need. You may also be able to
persuade the editor to include an op-ed – an article you have written and which will be published under your name.
In-depth coverage on radio and TV may come from persuading journalists to do investigations, but you can also obtain
good results from live debates, interviews and phone-in shows.
Whatever you are trying to achieve with the media, the best approach is to build direct and personal relationships with
journalists, editors and producers. Not only will they be more responsive to people they know, they will be able to advise
you on the best approach to take. Don't just rely on a press release – get on the phone and talk to your contacts!
Whatever activities you undertake, it is important that you monitor the outcomes and adjust your plans accordingly. It
will also be highly useful to the wider TI movement if you share your plans and experiences through the Online Forum
and the TI-S.
1. TI's Chapter in Ecuador monitored the process of selecting Supreme Court judges
2. TI's Chapter in Argentina monitors judges' asset declarations
3. TI's Chapter in Nicaragua diagnoses corruption in the justice system
4. TI's Chapter in Madagascar is raising public awareness of court procedures
5. TI's Chapter in Ghana: GII's Judiciary Watch
6. Center for Social Development, Cambodia: Court Watch Project
In December 2004 former president Lucio Gutiérrez and Congress illegally dismissed all 31 members of the Supreme
Court, alleging that they were biased against him. At the same time Congress resolved to restructure the national judicial
council and re-establish its powers to impeach members of the Supreme Court and the judicial council – powers that
had been adopted after a process of population consultation in 1997. This attempt to manipulate the judiciary along
political lines met widespread protests from civil society groups and their intensity heightened in March 2005 after the
court dismissed corruption charges against another former president, Abdalá Bucarám.
Selection hearings to appoint a new Supreme Court started on 28 June 2005 in a process characterised by its transpar-
ency. Corporación Latinoamericana para el Desarrollo (CLD-TI), TI's Chapter in Ecuador, was one of a group of civil society
NGOs that monitored the process to ensure that only judges who were free from undue infl uence from the political
and private sectors would be considered for appointment. CLD formed part of the Coordinating Committee of Citizen
Monitoring of the Justice Network (the 'Citizens' Committee') from June to November 2005 when the Court was fi nally
re-instated.
The Citizens' Committee initially monitored the electoral colleges (deans of law faculties, human rights bodies, higher
and district courts, and representatives of the bar) as they nominated their representatives to the offi cial qualifi cation
committee that oversees the judges' selection. The Committee had frequent meetings with the qualifi cation committee
and persuaded it not to apply an existing regulation that prevents lawyers from being selected if they had previously
litigated against the state, or defended people accused of drugs traffi cking. In addition, the Committee persuaded the
qualifi cation committee to guarantee women's participation as judges in the new Supreme Court.
The Citizens' Committee verifi ed the documents presented by each candidate and compared the results with auditors'
fi ndings. This allowed the selection committee to distinguish between minor procedural errors (illegible photocopies of
certain documents submitted by candidates) and serious concerns affecting the merits of the candidate. In some cases
auditors had overestimated the number of years of litigation experience a candidate had by failing to consider the period
of time they had spent in public offi ce.
The results of the qualifi cation process were publicised in the national press and CLD also videoed the hearings.
Under the 1999 Ethics Law, all public offi cials, including judges, must present sworn declarations listing their assets
within 30 days of taking up their positions. These declarations must be renewed each year, and then 30 days after leaving
offi ce. The same law gives any citizen the right to obtain copies of the declarations. On 9 February 2000, the Supreme
Court rejected the powers granted to the National Public Ethics Commission to request privileged information and es-
tablished that the Supreme Court would respond to requests for information about judges' asset declarations instead.
In practice, the procedures established by the Court were so cumbersome that it was made virtually impossible for any
member of the public to examine judges' asset declarations. Under the new regulations, a written application had to be
submitted for each asset declaration and the relevant judge or judicial offi cial was empowered to veto the request. Even
if it were granted by the individual judge and the Supreme Court, a day and time would be given to view the fi le, and
the judge was invited to attend.
TI's Argentina Chapter, Poder Ciudadano, asked the Judicial Council to request copies of judges' asset declarations in
May 2000, but the Council said its powers to do so had been circumscribed by the Supreme Court. In March 2004 Poder
Claudio Kiper and Victoria Pérez Tognola opposed the request. From June to August 2004 civil society NGOs again re-
quested access to the declarations via a public campaign and direct lobbying of the Judicial Council.
To demonstrate how diffi cult it was for citizens to access the sworn statements that should have been made public under
the law, Poder Ciudadano submitted requests in July 2006 to view the declarations of 89 members of the judiciary. Only
25 gave permission for their details to be publicised. The others refused or failed to respond.
In September of that year, Poder Ciudadano appealed to the Judicial Council on the grounds that freedom of informa-
tion, as enshrined in the 1994 constitution, was being violated. Poder Ciudadano published on its website the names of
judges who had allowed the public to view their asset declarations.
Grupo Cívico Etica y Transparencia, TI's Nicaragua Chapter, undertook detailed research on the justice system from 2004
to mid-2006. The NGO looked at 250 indicators (155 objective and 95 subjective) and applied them to each of the key
institutions that make up the justice system: the courts, the prosecution, the attorney general's offi ce, the police and
law schools. A second phase of the project will focus on corruption, drawing a risk-map on the basis of the results of the
fi rst-phase study.
and location of courts, etc.)
• Independence (both internal, i.e. of lower courts from higher courts; and external, i.e. of the judiciary from
the political branches of government, for example in the appointment of judges and court offi cials, career
progression, etc.)
• Effi ciency (modernisation of courts, volume and speed of cases through the justice system, training, etc.)
• Accountability (for administrative functions, including budget).
discrepancy in terms of access to the justice system between Managua, the capital, and the Autonomous Region of the
North Atlantic (RAAN) where 43.7 per cent of the population suffers extreme poverty. In Managua, 50 judges oversee
40,000 cases while in the RAAN 15 oversee just 3,000 cases. However, the budget per case is nearly double in Managua,
compared with the RAAN. Moreover, there are a higher proportion of civil cases in the wealthier areas of the country.
The study found that less than 2 per cent of criminal cases were white-collar crimes, and that there were no former
public offi cials in prison apart from ex-president Arnoldo Alemán. The requirement that 4 per cent of the national
budget should be allocated to the judiciary is being met. The police and Supreme Court have the largest budgets of the
institutions that make up the justice system (37.7 per cent and 37.5 per cent in 2005, respectively). The low budgets of
the public prosecution and the national audit offi ce, the report's authors conclude, contribute to the low number of
prosecutions for corruption.
Transparency International Initiative Madagascar (TI-IM) and the Association des Magistrats du Tribunal d'Antananarivo
(AMTA) launched a joint action programme against corruption on 1 October 2003. Its main objectives are to promote
transparency in the Ministry of Justice and reduce petty corruption by informing users about court procedures. It is
hoped that this will go some way towards restoring public trust in the court system, and creating an honest and sound
environment in the judiciary. To achieve these goals, TI-IM and AMTA collaborated to produce and distribute Malagasy
and French-language brochures that describe different court procedures, defi ne the jargon of the judiciary and legal
profession, and list the different stages of a judicial fi le. An information desk was set up to guide users through the
procedures. The entire programme is fi nanced by USAID-Madagascar.
The Ghana Integrity Initiative (GII), TI's Chapter in Ghana, with funding from the German Development Cooperation, has
undertaken a systematic observation of the judicial system through its Judiciary Watch Project (JWP). The pilot project
was jointly developed with Transparency in Nigeria and TI-Cameroon. Ghana is the fi rst of these countries to implement
a JWP and has agreed to draft a Judiciary Watch Manual for use by other TI Chapters in Africa.
GII has a particularly enabling environment for a JWP because, since 2003, Ghana has had a Chief Justice who demon-
strated a clear commitment to purging the judiciary of ineffi ciency and corruption through systemic, preventive action
in the courts and judicial service. The anti-corruption measures that have been introduced since October 2003 include
the creation of a Complaints and Courts Inspectorate Division of the judiciary, the introduction of a judicial code of eth-
ics, the simplifi cation of judicial procedures and enhanced interaction with the public.
The JWP focuses on the High and Circuit Courts. It was initially designed to examine corruption in land and commercial
cases because it was thought that the problem could be more easily measured in cases with an economic dimension,
than in a criminal case or a divorce hearing. However, since there is only one Commercial Court in Ghana and no exclu-
sive land court, it was later suggested that such a focus would limit the availability of data on most of the indicators
being used by the JWP. As a result, student trainees (see below) were advised to cast their nets as wide as possible when
gathering data on cases being heard in the courts, including criminal ones. The overall goals of the JWP are to promote
transparency in the judiciary; empower citizens to demand that court offi cials carry out their duties impartially; and to
contribute to a reduction of corruption in the judiciary.
The main activities of the JWP have been, fi rstly, the setting up of a legal experts' roundtable attended by lawyers, judges,
court employees (preferably registrars) and selected members of the public (litigants or former litigants) to discuss how
best to observe court corruption in practice, and to establish the potential indicators of corrupt behaviour. With the help
of expert consultants, a Judiciary Watch manual has been developed to assist civil societies in monitoring the courts
at local level. Once this has been tested it will be revised based on fi eld use. A group of law students from Ghana Law
School in Accra and the Faculty of Law of the Kwame Nkrumah University of Science and Technology in Kumasi were
trained to conduct monitoring activities in selected areas in Accra, Tema and Kumasi. Their tasks included observation of
courtroom activities, a baseline survey (interviews with particular actors, such as litigants and their lawyers), and focus
group discussions.
To deepen public awareness of judicial corruption and its impact on development, a number of publications have been
produced and disseminated. The most regular is the quarterly, Judiciary Briefs. GII also disseminates information about
the JWP and its goals via the Chapter newsletter, GII's website, radio and TV talk shows, and other print and electronic
media.
A Judiciary Watch media campaign has been put in place to raise the profi le of the issue. The fi rst year focused on raising
awareness by publicising the baseline survey reports. The second-year campaign, in 2007–08, will focus more on advo-
cacy for reform as a result of the project fi ndings.
The Court Watch Project (CWP) of the Center for Social Development is mandated to monitor civil and criminal pro-
ceedings in the courts of Cambodia. Since October 2003, it has monitored thousands of cases. In 2006 the CWP mainly
monitored four courts: the Municipal Court of Phnom Penh, the Provincial Court in Kandal, the Appeal Court and the
Supreme Court. Since October 2006, however, the CWP has also monitored the Provincial Courts in Battambang and
Kampong. By acting as an independent watchdog, the CWP helps to ensure fair trials and reduce opportunities for cor-
ruption. Court monitors can assess whether due-process rights, such as the right to defence and the presumption of
innocence, are being respected.
In the three months from June to September 2006, CWP monitors observed 799 hearings: 423 at the fi rst-instance
courts in Phnom Penh and Kandal, 326 at the Appeals Court, and 50 at the Supreme Court. Of the 799 hearings, 597 were
criminal cases (260 felonies, 256 misdemeanours and 81 special offences) and the remainder were civil cases.
The aims of the CWP are threefold: to ensure fair trials by acting an as independent watchdog; to build capacity within
the legal system by feeding information into the judicial reform process; and the dissemination of information to civil
society and the public, via quarterly Court Watch Bulletins and an annual report.
achieve. The actions set out here are intended to give you some ideas. Not all of them will be suitable for your context
and circumstances, but they may help you to come up with new ideas. You may be able to replicate some of the ideas di-
rectly, and you can also obtain advice from other Chapters which have tried them out already, by using the Online Forum
on the Chapter Zone or talking to your contact at TI-S. The examples from TI Chapters mentioned below are described in
more detail in GCR 2007 and in the Advocacy Toolkit (see 'Examples of advocacy on judicial corruption').
Another and more comprehensive source of ideas is TI's Corruption Fighter's Tooltoolkit (www.transparency.org/tools/
e_tooltoolkit), although this does not focus exclusively on judicial corruption.
b. Use case materials from ALACs.
c. Review and document specifi c cases where judicial corruption is suspected (including ones
concerning international asset recovery)
d. Investigate and document confl icts of interest with individual judges (see example from TI-Argentina).
e. Monitor individual judges' adherence to codes of conduct
f. Court Watch/Judiciary Watch (see examples from TI-Ghana and TI-Cambodia).
g. Assess judicial system against TI's Checklist for Assessing Safeguards against Judicial Corruption (in this
Advocacy Toolkit).
b. Press features (a more in-depth article often including photographs and case studies).
c. Op-eds (a print opinion piece written by an expert with direct experience or knowledge of a topic
of interest to the newspaper's audience).
d. Letters page in local and national newspapers.
e. Radio and TV phone-in shows, and panel discussions.
f. Media stunts and photo-opportunities (e.g. a large magnifying glass in front of the main court
building).
g. T-shirts or other clothing with printed slogans or images. Slogans should be short and punchy
to get the message across and images should clearly illustrate the problem of judicial corruption.
Humour is a crucial weapon.
h. Posters and leafl ets. When designing a poster or leafl et, be very clear of its purpose and who the
intended audience is. Think creatively.
i. Publish the results of your investigations of judicial corruption either/both as a printed report or
on your website. The report could be formally (and publicly) presented to the Minister of Justice
or a group of MPs, for example. To gain further publicity, produce a short summary (no more than
four pages) of your fi ndings and distribute copies to sympathetic journalists.
j. Seminars and conferences. These could involve academics, politicians, journalists and/or
members of the judiciary.
another country, as well as local law professionals. A training workshop or seminar could be
organised in partnership with a journalism college or training school.
b. Provide background briefi ngs so that journalists can conduct their own investigations.
and student bodies. Our publisher will also contact librarians and GCR 2007 will be announced on
lists of new publications.
b. Hold an essay competition for law students. This could be arranged through a sympathetic pro-
fessor and publicised through posters at the school, or via student and online media. Decide on the
topic; entry rules and regulations; length; format; and an award for the winner and runners-up.
c. Organise a seminar/training session on ethics at local law schools. This could also be arranged
through a sympathetic law professor, and might involve a presentation of the GCR, and invitations
to professors and judges to discuss ethics with students.
d. Invite law professors to speak at conferences and other events, and even to be a spokesperson for
your campaign.
e. Recruit law students as volunteers or interns to undertake research for advocacy actions.
(see example from TI-Cambodia).
b. Produce a guide to the courts, including court procedures, jargon, etc.
(see example from TI-Madagascar).
b. Lobby ministers and other politicians.
c. Organise public petitions and postcard campaigns to be sent to the government.
d. Arrange for a public statement or open letter, signed by supportive judges and lawyers, to be sent
to government and published in the media.
a. The Global Corruption Report
b. The Global Corruption Report 2007 recommendations
c. The judiciary in context
d. International legal instruments related to judicial corruption
e. Measuring judicial corruption
What is the Global Corruption Report?
The Global Corruption Report (GCR) provides an annual assessment of the state of corruption around the world. Pro-
duced by Transparency International, the world's leading anti-corruption NGO, the GCR draws together news and analy-
sis from experts and activists, and spotlights recent developments in the anti-corruption campaign. Each GCR features a
specifi c sector of government or business activity in which corruption plays a persistent role, and subjects it to sustained
and detailed study.
In addition to this core thematic section, the GCR features assessments of corruption at international, regional and
national levels. It also brings together empirical fi ndings from research teams on different aspects of corruption in a
format that is suitable for a broader readership. Given the signifi cance to so many TI Chapters of this year's theme –
judicial corruption – the GCR's regular section of country reports examines in detail how corruption affects the judiciary
in 37 selected nations. Previous GCRs have featured political corruption (2004), corruption in construction and post-
confl ict reconstruction (2005) and corruption and health (2006).
The fi rst edition – GCR 2001 – was published in October 2001 and covered the period 1 July 2000–June 30 2001. Since
then, the report has been published annually.
The GCR is aimed at as broad an audience as possible, but is particularly useful to policy makers, business executives,
journalists, academics, students and civil society activists. With corruption at the top of the political agenda across much
of the world, policy makers need to keep in touch with developments in other countries and recent research fi ndings.
Businesses are increasingly taking measures against corruption as donors target their operations overseas, and the GCR
provides them with up-to-date information on changes in the international legislative framework, and of steps being
taken by their competitors and business organisations. Journalists fi nd snapshots of corruption in other countries in the
GCR, as well as the leads to the news stories of tomorrow.
Civil society activists learn news of actions taken by groups elsewhere in the world, alongside key developments in the
global struggle against corruption. For academics and students in several fi elds, the GCR is an important tool with its
unique combination of country reports, expert assessments and empirical fi ndings. The GCR is relevant to students of
governance in all its forms, whether in political science, international relations, economics, law, public-sector manage-
ment or development studies. It is also key reading for students of business and management who are interested in the
evolving ethics of business.
TI commissions most contributions from academics and experts. Country reports are almost exclusively written by mem-
bers of TI's National Chapters around the world. The report is edited by a team at the TI International Secretariat in Berlin.
An editorial advisory panel composed of 15 experts from within and outside the TI movement, advises the editorial team.
All texts are peer reviewed by two independent experts, in addition to
While the CPI assigns separate scores to the countries surveyed to build up the index, the GCR presents stories and expe-
riences that shed light on these scores. The CPI attempts to measure perceptions of corruption, while the GCR explores
different kinds of corruption, the measures being taken to fi ght them, national and regional trends, and the factors that
infl uence those trends. Every GCR features the most recent CPI in its research section, which contains other corruption-
related indices and data surveys from a range of organisations. For more on the CPI, see TI's website.
TI fi rst introduced country reports in the present format in GCR 2004. Previously, country reports had been incorporated
within a regional perspective on corruption. The new reports provided a detailed look at key corruption-related develop-
ments, as assessed by members of TI's Chapters and other experts. The selection process is aimed at ensuring regional
balance, as well as a diversity in the types of economy and government system. The result is a group of reports that vary
in topic and approach, refl ecting the breadth of knowledge across the TI movement.
The GCR cannot hope to discuss every country in the world. The fact that some countries are not analysed, or that others
receive more frequent coverage than others, in no way refl ects their levels of corruption.
Contributions are selected for their policy implications and innovative methodologies. From the World Bank and the
OECD to universities and think tanks around the world, small teams of researchers are pushing back the boundaries of
knowledge about the dynamics of corruption which, by its nature, is clandestine and opaque. These efforts are taking
place across the spectrum of interactions between offi cialdom and the public, whether in governance, procurement,
health, school admissions, and so on. The GCR brings the best of this work out of the obscurity of academic research
and to the attention of the general public in the belief that deepening understanding of the phenomenon of corruption
contributes to defeating it.
The report is partially funded by a grant from the German Development Cooperation Ministry (BMZ) and institutional
core funding that TI has from other donors.
Experts, academics, journalists and other potential contributors to the GCR should contact the editorial team at
gcr@transparency.org
If you are interested in supporting TI's work, please contact your local TI Chapter. For the full listing of Chapters, see
www.transparency.org/contact_us/ti_nc
Does the GCR offer internships?
Yes, we occasionally accept internship applications. Please visit the 'Jobs at TI' section at
www.transparency.org/contact_us/work
A large number of anti-corruption laws have been added to the statute books over the past decade, but enforcement
remains weak in many countries. Judicial systems untainted by corruption are essential if anti-corruption laws are to
stand any chance of being upheld. In previous years, TI Chapters have opted time and again to write about malfunction-
ing courts and judges as their country's primary corruption problem. The GCR editorial panel felt it was time to analyse
the problem in more depth, provide recommendations on how to address it, and analyse the underlying links between
judicial corruption, judicial independence and broader corruption.
Can the GCR recommendations be applied to any judicial system?
The recommendations offer a consensus of views on what should be the minimum standards for developing and main-
taining integrity, accountability and transparency within a judicial system. The performance of national systems, how-
ever varied, can be measured against these recommendations.
search
Part I: The Analytical Framework
The Challenge of Renovation
Corruption appears to be increasing, despite a growing number of empirical evidence as to the destructive forces it unleashes. When important decisions are determined by ulterior motives with no concern for the consequences for the state and the wider community, the political, economic and social costs are high. Corruption control is therefore not simply an end in itself but is crucial and instrumental in reaching the broader goal of more effective, fair and efficient government for the benefit of all.
The Anatomy of Corruption
Corruption involves behaviour on the part of public officials--be they elected politicians or appointed civil servants--in which they improperly and unlawfully enrich themselves or those close to them, by the misuse of the power entrusted to them. Although the causes of corruption and the forms it takes vary depending on the respective system and context, corruption invariably impacts negatively on the great majority of society.
Developing Responses
The fight against corruption is demanding, as change must not only be achieved, but be sustainable. Complete eradication is both unrealistic and undesirable: unrealistic, as corrupt individuals will always be with us, and undesirable, as to aim at complete elimination of corruption could place civil and political human rights at risk. The need to overcome vested interests, as well as the difficulty of finding credible reformers and of ensuring the support of a wide coalition of stakeholders is a task that should not be under estimated. Reform must attract broad support and involve strategies to deal with the legacy of the past. Systemic change is essential, as merely replacing one corrupt individual with another who has not (yet) been corrupted, is not an effective response. "Horizontal accountability" offers the best overall system of checks and balances.
The National Integrity System
The National Integrity System is the sum total of the institutions and practices within a given country that address aspects of maintaining the honesty and integrity of government and private sector institutions. Any attempt to address corruption effectively and sustainably involves an holistic approach, examining each of these institutions and practices and the various inter-relationships to determine where remedial action is required. Ad hoc reforms are unlikely to succeed.
Building Political Will
Leadership is critical in both driving a reform programme and in leading by example. However, electing a honest head of state or government does not necessarily guarantee the launch and implementation of an effective reform programme: support from a broad section of society is critical to its success, or failure. Champions of reform must muster committment from a wide variety of constituencies. The task of building political will can begin at the grassroots, and does not end with the government embarking on reforms. Reforms must be supported through the often difficult times that lie ahead.
Part II: Institutional Pillars of the National Integrity System
An Elected Legislature
Elected parliaments can be at the forefront of the fight against corruption. An elected parliament has the legitimacy to hold the executive accountable. However, a corrupt political elite--often sustained by illicit political party financing--and obscure practices in both public appointments and decision-making processes are major obstacles to reform.
The Role of the Executive
The Executive has a central role in building, maintaining and respecting a country's national integrity system. Ideally, the Executive will provide a living example of a country's integrity to the political system and its components and assume the role of the leader in terms of pro-democratic reform. A honest but isolated Executive, however, is not sufficient. It is essential that dispositions be put in place which specify not only the role and responsibilities of the government, but that also clarify its interrelationship with other public and private bodies.
An Independent Judicial System
An independent, impartial and informed judiciary holds a central place in the realisation of a just, honest, open and accountable government. Being exempt from direct control, the rules of appointment, status and conduct of its members are of utmost importance. However, individual members of the judiciary must be held accountable in ways that do not compromise the institution's independence. Such accountability strengthens the institution's independence: it increases integrity and helps to protect the judicial power from those who might want to erode it. Otherwise a judiciary can become simply a tool in the hands of a powerful--and corrupt--elite.
The Auditor-General
The Supreme Audit Institution is responsible for auditing the state's income and expenditure, and acting as a watchdog over its financial integrity. As an external auditor acting on behalf of the tax payer and his representatives in parliament, it is essential that the Auditor-General is not appointed by the governing party and that he / she enjoys appropriate tenure of office.
The Ombudsman
The Ombudsman constitutes an office which, independently of the executive, receives and investigates complaints about maladministration. It gives individuals the opportunity to have decisions which affect them reviewed by an independent and expert body, without the expenses and delays of court proceedings. Independence from political interference, adequate resources, accessibility and high levels of public recognition are among the prerequisites for its effectiveness.
Independent Anti-Corruption Agencies
As corrupt practices become ever more sophisticated, conventional law enforcement agencies are less well placed to detect and prosecute corruption cases. Specialised and independent anti-corruption agencies can present the advantage of being exclusively devoted to fighting corruption. The success of such agency depends on both the determination and integrity of its staff and the political will for it to succeed as displayed and fostered by country's leadership. Without proper resources, the guarantee of independence and inter-institutional support, the best-intended agency will fail to fulfil expectation. In a best case scenario, however, an ICAC can be an important part of a broader national plan of action.
Public Service to Serve the Public
In an ideal world impartial and honest civil servants execute their tasks in an efficient and unbiased way for the benefit of society. Assisting the government in the formulation and execution of policies, the civil service is the link between the governors and the governed and is, as such, at the centre of potential conflicts. Exposed to threats from both the top (politicisation of the civil service) and the bottom levels (unsolicited bribes), the maintenance of its members' integrity is a key to efficient service delivery and just and honest government.
Local Government
Local governments have increasingly come into the focus of anti-corruption strategists as it is on the local level that the direct effects of corruption impact most visibly on the ordinary citizen. Corruption should not only be fought from the top; an important bottom-up dimension is added by targeting the municipal level.
An Independent and Free Media
Availability of information is a prerequisite for the creation of an informed public, empowered to participate meaningfully in public debate and to hold those who govern accountable. It is fundamental to democracy itself. A free and independent media is the principal vehicle for taking information to the public. A free, independent, accountable and ethical media whose status is protected by the law and who is not subject to political or otherwise opportunistic leadership can assume an important watchdog function and act as an agent of awareness. Freedom of speech and information, however, has its limits where their dissemination goes against the public interest.
Civil Society
Civil society--the sum of organisations and networks which lie outside the formal state apparatus and that gain legitimacy for their actions from promoting the public interest on a non profit basis--has emerged as a central player in world politics. Adding a third dimension to the traditional public-private axis, civil society (i.e. non-governmental) organisations have effectively backed popular demands for greater accountability and responsiveness and helped to initiate important anti-corruption efforts. The institutionalisation of civil society participation is thus a major challenge and can add an important bottom-up dimension to conventional anti-corruption strategies.
The Private Corporate Sector
The private sector has a special role to play in the maintenance of a country's national integrity. Corporations exist to make profits, and if they fail, their stakeholders will suffer. However, the view that 'all that matters is the bottom line' is giving way to a new sense of corporate responsibility both within the organisation and towards the societies in which they operate. This development is ever more important as the private sector is increasingly given the task of providing essential goods and services that previously were in the preserve of government agencies. Corruption can occur both within the private sector and among the private and public sectors, and there is a growing body of evidence that companies that tolerate corruption are placing themselves at risk. It is therefore crucial that businesses come to see the benefits of good corporate governance and play an active part in containing corruption.
International Actors and Mechanisms
It is essential that steps be taken to facilitate international co-operation in the field of corruption prevention and prosecution. Many countries are now moving towards the development of formalised international assistance arrangements ­such as the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (1997) and the Inter-American Convention against Corruption (1996)--in the light of an ever greater recognition of the adverse effects of corruption and the moral responsibility of governments to avoid harbouring its proceeds.
Part III: Rules and Practics for the Institutional Pillars
Free and Fair Elections
A government's legitimacy is based on the belief of its people in its right to govern. The way in which this mandate is acquired is crucial to the readiness of all to acknowledge it: a lack of legitimacy almost inevitably breeds a climate in which corruption can blossom. The mechanisms through which elections can be held in a fair and transparent way is of utmost importance wherever leaders seek to legitimate their rule through the electoral process.
Administrative Law--Judicial Review of Official Actions
Administrative Law provides judicial review of the lawfulness of specific administrative acts and enables the citizen to challenge actions which adversely affect him or her. Administrative law should fully support and enforce transparency and accountability on the part of public officials.
Public Service Ethics, Monitoring Assets and Integrity Testing
The need to foster and sustain high levels of ethics in the public service has come into the spotlight with a global shift of focus towards the performance and importance of the public sector and its service delivery. Increased concern about corruption and the decline of confidence in both integrity and capacity of public administration has prompted many governments to review their approaches to ethical conduct. Integrity of public officials can come under pressure in a variety of ways, and it is thus essential that ethical codes are tailored to the society's conditions. Integrity testing can have a role to play, and the assets and liabilities of officers at particular risk may need to be monitored.
Conflict of Interest, Nepotism and Cronyism
A conflict of interest arises when a person in a decision-making position is influenced by personal considerations when doing his or her job. Conflicts of interest, as well as the closely related phenomena of nepotism and cronyism are inherently counterproductive. It is thus essential that clear and unambiguous measures be taken--such as procedural statements and codes of conduct--that help to identify and to deal with actual, potential and perceived conflicts of interest and that prevent them from seriously undermining the functioning of an organisation.
Public Procurement: Where the Public and Private Sectors Do Business
Few activities create greater incentives, or offer more opportunities for corruption than public sector procurement. This is primarily because it usually involves large quantities and monetary amounts in deals between every level of government and every type of government organisation. Procurement procedures often appear to be complicated, and so are readily manipulated in a variety of ways, in corrupt transactions that benefits both parties.
Good Financial Management
Good financial management practices are one of the most powerful anti-corruption devices. They can inhibit, disclose and help to identify corrupt practices and their perpetrators. The system should provide vital information for various--public and private sector--watchdogs on the basis of which decisions can be made. Poor, disconnected and untimely accounting systems and disintegrated approaches to financial management virtually incite fraud, just as good financial management provides protection for the honest.
The Right to Information--Information, Public Awareness and Public Records
Information is a prerequisite for accountability, and is as such a central ingredient for any democratic system. Informed judgement and appraisal by the public, press and legislature are frustrated if government activities are hidden from view. Legislation--or other enforceable administrative arrangements--sanctioning the access to information is thus crucial to the creation and maintenance of a country's integrity. However, for access to be effective, official records must be readily accessible.
Giving Citizens a Voice
An empowered citizenry is a vital underpinning of a country's national integrity system. Citizens need to be informed, aware of their rights, willing to claim them and prepared, where necessary, to complain without fearing eventual oppression. Citizens charters can assist, and Citizens Advice Centres help in individual cases. Channels for complaints must be provided and public interest legislation can provide remedies.
Competition Policy and Containing Corruption
Competition policy determines the place of the state in the economic life of the nation by determining the way and the space in which it is involved. Competition policy also regulates the manner in which the private sector functions. It is therefore an essential tool to protect and promote economic activity and integrity and to ensure that this happens in the best interest of society.
Laws to Fight Corruption
Laws to fight corruption embrace much more than the criminal law. They include laws governing access to information, freedom of expression and a free media. The criminal law should be consistent with global human rights norms and afford a fair trial; they should not be overly repressive. Special provisions may be needed in corruption cases to require individuals with inexplicable wealth to explain its sources. The civil law can also provide remedies either to individual citizens or to the state. Specialist bodies can track and seize the proceeds of corruption. Amnesties may be needed to escape from the legacy of a corrupt past.
Surveys as Tools--Measuring Progress
A corrupt act is generally conducted in great secrecy. All parties involved in the direct transaction will have a vested interest in hiding their activities away from the public. Surveys therefore present a unique means of determining levels of corruption in a sector or society that otherwise would remain in the dark. Albeit imprecise and limited to perceptions only, corruption surveys address serious issues and not only raise levels of attention accorded to the problem as a result of increased awareness and pressure, but also provide information as to where interventions are needed.
Part IV: Lessons Learned
Lessons Learned--A Progress Report
The chapter summarises, in point form, about fourty of the lessons learned in the field since the anti-corruption reform movement got under way in the mid-1990s.
Part V: Appendix
Emerging Best Practice in Containing Corruption
An overview of the documentation available as of the date of publication of the printed version of the TI Source Book.
Selected Bibliography
Index by Subject
Index by Country
Table of Contents
1. A growing security agenda
2. Unravelling the web of
corruption risks
3. Understanding the security
fall out from corruption
4. Overcoming the challenges
# 04 / 2008
Corruption and (In)security
The threat of foreign invasion is no longer the only concern
dominating the security agenda of states. The list of dangers includes
the menace posed by non-state actors and terrorist groups as well as
broader social, economic and environmental risks. Whether internal
or external, these pressures are breeding violence and corruption,
undermining state security and destabilising the global system.
For security policies to be effective states must recognise and
respond to how corruption ignites and magnifies these dangers. In
some countries and regions corruption is the
facilitator of insecurity.Individuals dealing in arms running may use their illicit profits to bribe
their way across borders in order to carry out violent campaigns
against states. In other cases, corruption is the
cause of securitybreakdowns. A state may become the source of insecurity as it relies
on corruption to keep itself in power, serving as the match to light
political, social and economic unrest and sparking conflict.
Both anti-corruption approaches and security policies need to
address these linkages and look at the broader context that has
created a web of security risks — within and outside national
boundaries.
Corruption and (In)security
TI Working Paper # 04/2008
1. A growing security agenda
Traditional military notions of state security have given way to include a wider
range of threats posed for citizens and communities (see boxes). Contraband
trading, uncontrolled migratory and refugee flows, state-led violence, rigged
elections, pandemics and environmental degradation — these by-products of
corruption all form part of today's growing list of security concerns.
When corruption and security risks combine, the mix can compromise the safety
of millions for the benefit of a few. One corrupt act can set off a chain of events
that shatters security and undermines stability. Kickbacks and bribery may be
used to facilitate terrorists slipping across borders and reaching their targets, as
has been well-documented in countries from Kenya to Russia, Morocco to
Thailand. Criminal networks may use pay-offs to produce contraband goods that
bankroll their anti-state activities, as armed groups have done in Armenia,
Azerbaijan and Georgia.
1 National revenues generated from natural resourcesmay be stolen by politicians and channelled to fund armaments for the military
and to keep the status quo of governments, as in Sudan and Chad. As each of
these cases demonstrate, different types of corruption have different impacts that
undermine the broader umbrella of countries' security concerns.
2. Unravelling the web of corruption risks
Within this framework, corruption serves to both facilitate and cause security
risks globally, regionally and nationally. Studies show that it is no coincidence
that low accountability, reduced transparency, heightened corruption and greater
insecurity are occurring simultaneously in many countries.
2 Corruption weavesdifferent actors together at different levels who chip away at the pillars —
political, military, social, economic and environmental — that sustain security:
Political
: The 'buying' of political candidates, the judiciary and local policeforces. These monies may flow from drug traffickers, businessmen or
powerful political elites and be used to distort security-related decisions.
Military
: Unaccountable and questionable procurement processes byministries or private contractors.
Social
: The use of bribery and power by organised crime groups tofacilitate, for example, human trafficking and small arms running (see box
on page 3).
Economic
: The theft of public monies generated from natural resourcewealth to fund paramilitary groups or insurgents.
Environmental
: The payment of bribes by governments and companies todump hazardous waste and materials in marginalised communities.
When it comes to addressing these insecurities, governments can be both part of
the problem and the solution. In the cases of countries like China, Chile,
Germany and Jordan, government-led efforts to combat corruption have targeted
one or more of the dimensions affecting a state's security risks. In other
instances, governments have systematically used corruption to fuel national,
regional and global conflagrations at the cost of the security of their citizens.
2
Redefining security in the 21st
century
The term 'security' often refers to
protecting a country or group of
countries — including their citizens,
territory and property — from
external threats and risks. They may
be military or non-military in nature
and can arise from different actors
and sectors.
3Based on this refined view,
appropriate security responses
involve actions and policies that are
preventative as well as defensive. A
country's police, military and civilian
authorities are considered the
gatekeepers of this work.
A broader conceptualisation of
security has evolved, however, that
looks at the many interrelated
variables conditioning it. This change
reflects the shift away from seeing
armaments as the core solution to
and source of insecurity, and
conflicts as solely state-to-state.
It recognises social, political,
economic, technological and
environmental factors as equally
creating widespread and severe
security risks that require prevention,
mitigation and responses on the part
of states.
4Putting people at the centre of a
security paradigm
Rather than only looking at how
states defend themselves against
external attacks, 'human security'
has emerged as an alternative view.
This concept focuses on how to
protect individuals and communities
from a wider range of threats posed
by civil war, genocide and the
displacement of populations.
Efforts are aimed at identifying and
responding to the sources of the
problem that are endangering the
lives and livelihoods of individuals,
communities and countries.
Policy solutions include economic
development, social justice,
environmental protection,
democratisation, judicial reform,
disarmament and respect for human
rights.
5Corruption and (In)security
TI Working Paper # 04/2008
Chad (1,6), the Democratic Republic of Congo (1,7), Myanmar (1,3) and the
Sudan (1,6) rank in the bottom five per cent on the 2008 Corruption Perceptions
Index (CPI) produced by TI. These countries' governments are also commonly
named among the worst perpetrators of violence against their own citizens.
At the same time, corruption and insecurity can spring from relatively stable and
well-governed states when there are breaches in their own accountability,
transparency and integrity. Recent scandals in the US and UK regarding opaque
defence industry practices serve all too well as a reminder of corruption's reach.
US dealings in Iraq in particular have been under constant scrutiny after a series
of shadowy military and oil contracts were uncovered which flouted US and Iraqi
government policies.
6 One study by the Inspector General for Iraq Reconstructionfound that the Coalition Provisional Authority (CPA) mismanaged contracts worth
US$ 88,1 million, overpaid on at least 11 projects and saw US$ 36 million in
weapons go missing. Private and public actors on both sides have been
implicated in the abuse. According to the TI Global Corruption Barometer 2007,
US citizens' cynicism of their government's ability to fight this and other types of
corruption have placed the US in the bottom quintile of countries — and among
states such as Argentina, Albania and Russia — for their efforts to combat
abuse.
73. Understanding the security fall out from corruption
The security agendas of countries — including more traditional concerns related
to questions of borders and defence — have been surprisingly disconnected from
the anti-corruption discourse. Yet policies made under a country's security
doctrine can produce extremely distorted results when corruption enters into the
equation.
Corruption can
facilitate as well as cause a rise in security risks for countries andcitizens, linking together political, military, social, economic and environmental
concerns. In both cases, increased insecurity can lead to increased corruption,
creating a vicious cycle. Governments may use citizens' greater sense of
'insecurity' (whether real or perceived) and the banner of 'national security' to
hide abuses and withhold information — actions which, in turn, can contribute to
elevated security threats. Such opacity is occurring as traditional security funding
is soaring. In the last 10 years, world military spending has jumped 37 per cent,
with the US accounting for more than half of all current outlays.
8Corruption can
facilitate insecurity through different channels and actors. It can:Serve as an accomplice for violence
. Bribery has been used as thegrease for getting nuclear arsenals and arms out of countries (often
transitional or fragile states). A variety of former Soviet republics (e.g.
Belarus, Georgia and Tajikistan) and other countries like Pakistan top the
list of nations sending these deadly materials abroad.
9 Securitycheckpoint payoffs have also been used to give a safe passage to
terrorists to cross borders and carry out attacks. For example, Russian
investigators traced the airliner attack by Chechen insurgents in 2004 to a
bribe of less than US$ 180 that was paid to get them on board without
proper identification.
3
Organised crime: A transnational
risk
A string of recent public opinion polls
in European Union (EU) member
states have revealed that organised
crime and its links with corruption
rank high among citizen concerns.
A
Eurobarometer survey (2007) ofcitizens in these countries showed
organised crime and terrorism as the
top area that needs to be addressed
with neighbouring states (61 per cent
of respondents). For EU member
states, it was also ranked as the third
most mentioned national policy issue
(23 per cent), after social justice (43
per cent) and peace and security (27
per cent).
These results follow previous
Eurobarometer
findings (2005) thatmore than half of EU citizens (54 per
cent) see corruption as the driving
force behind organised crime in their
countries.
10For example, organised criminal
groups in the EU — particularly from
Albania, Romania and Turkey —
have been linked to human
trafficking rings that often bribe
border guards and use personal
networks to move their victims
across countries.
'If customs, police and security
professionals are corrupt, no
expensive high-tech devices will
provide our citizens with the
security they deserve. If corrupt
public servants provide false
identity documents, terrorists will
move more freely throughout the
world, and all of our societies will
be threatened.'
- Ron Noble, Secretary General of
Interpol
11Corruption and (In)security
TI Working Paper # 04/2008
Reduce government resources for key sectors
. When corruption casts itsshadow on decision-making, already limited resources to address the
broader scope of security risks are reduced, inappropriately spent or
siphoned-off for personal use. For example, studies have shown that
corruption is associated with the skewing of public expenditures towards
defence funding and away from basic services, as measured by the share
of national income dedicated to each.
12Decrease government accountability
. Executive and legislative privilegesmay be expanded beyond the powers that citizens have given, and used
to dodge questions of accountability on a government's military decisions
or actions in other spheres. Under a scenario of limited accountability,
arms sales and military support may be granted to countries based on
unclear criteria and opaque decision-making. Private military contractors
and region-wide security operations may fall into a void, without proper
control or safeguards guiding their actions.
Limit access to information
. As perceptions of insecurity rise, the notion of'national security' may be perversely claimed by governments to prevent
the spotlight from being cast on corrupt activities or to quell dissent. By
employing the 'security' veil, information may be blocked on issues like
the awarding of defence contracts. Even in times of peace, matters of
state 'security' have always been considered outside the public domain.
For example, neither the International Monetary Fund nor the World Bank
requires countries to report on defence spending as part of public finance
rules, although transparency in government expenditures for education,
health, the judiciary and a battery of other sectors is expected.
13Promote impunity
. Particularly in times of war or conflict, citizen rights anddue process may be violated in the name of preventing 'terrorism' or
under the claim of 'national security': with their personal safety already
threatened, citizens may be discouraged from exposing cases of
corruption. Legislation approved in Russia in 2006 now considers
extremism to include any criticism of a public official. In countries such as
China, Jordan, Nepal and the US, anti-terror measures have re-classified
certain acts of political dissent as falling within the scope of the law.
Freedom of expression suffers most when such protections are eroded.
The media may be forced to reveal sources or not publish stories.
Although 100 countries have laws protecting journalists and their sources,
the US, Canada, Netherlands and Ireland are conspicuously missing from
the list.
Corruption can also be the
cause of insecurity; most notably when systemicabuse makes governments the source of the problem. In such cases corruption
can:
Exacerbate security threats
. While representing less than one per cent ofinternational trade flows, arms exports are estimated to account for 50 per
cent of all corrupt transactions globally.
14 Corruption allows forbreakdowns in the delivery of supplies to go unaccounted for and arms
smuggling to flourish. In the small arms trade alone, estimates are that
4
'Secrecy is a form of corruption,
even when it is not used to hide
the illegal enrichment of people in
government…How can we be sure
that resources intended for the
development of the region's
countries will be used in the best
possible way, if governments
refuse to disclose how they use
significant parts of their national
budgets?'
- Oscar Arias, Nobel Peace Prize
Winner and President of Costa
Rica
15Corruption and (In)security
TI Working Paper # 04/2008
black market sales may top US$ 10 billion annually.
16 Illegal trading andweak export controls mean that a country may find the weapons it has
sent legally to partners and suppliers in the hands of its greatest security
threats, as has happened in Colombia, Panama, Iraq, Somalia, Haiti and
Afghanistan. The push for a United Nations treaty to address these gaps
and other issues of arms excesses has been strong, but action is
currently stalled due to resistance by big exporters like the US.
Fuel conflict
. The systematic stealing and misappropriation of state fundsby corrupt governments breeds discontent and conflict among citizens, as
has been evident by separatist movements in resource-rich countries like
Indonesia and Nigeria. In the past, such monies have been used to
directly support insurgents (Afghanistan and Iraq), attack citizens (Sudan)
and export conflict (Liberia). Non-state actors also enter into this equation,
using financing from drug, contraband and human trafficking to fund
violence. For example, the TI national chapter in Colombia has analysed
the links between the drug trade, armed insurgents and the capture of the
state.
17Promote state capture and abuse.
When corruption is dictating the rulesof the game, increases in spending do not necessarily mean more
effective security policies. Even in a context of rising donor flows to
military allies, the effectiveness and sustainability of spending are likely to
be compromised if the recipient government is corrupt. For example, a
rise in military funds to kleptocracies can only serve to bolster unpopular
governments and increase insecurity.
Destabilise regions and the international system
. Countries as diverse asLebanon, Pakistan, the Sudan and the Congo form part of a network of
nations where domestic corruption is undermining global security and
threatening international peace.
18 These countries present past and futurechallenges for preventing and resolving conflicts vis-à-vis peace building
and peacemaking while also feeding into economic, environmental and
social insecurities.
Undermine peace processes
. In cases where claims of corruptioncompromise peace processes, it can increase instability rather than
alleviate it, as has happened in Haiti, Sri Lanka and Timor Leste.
19Research in the South Caucus region has shown that peace building is
often difficult to achieve when one side perceives the other to be
corrupt.
20 Corruption can also complicate demobilisation, disarmamentand reintegration initiatives. Former warlords may run off with a few
cronies and the money, leaving their fighters without funds, but with guns.
4. Overcoming the challenges
Perceptions, behaviours and norms are difficult to change, yet such shifts are
essential to break the ties that have formed between corruption and insecurity.
Refocusing security policies will require the work of a broad base of stakeholders
from across the branches of government and sectors of society.
5
Corruption and (In)security
TI Working Paper # 04/2008
It must also involve simultaneously reducing the risks of corruption and insecurity
— which is no easy task given the panorama of problems presented by both sets
of issues. To pursue this work, efforts will need to target building political will at
the country and regional levels to ensure that there is a common understanding
as to why an integrated agenda of different sectoral initiatives serves to
strengthen security policies and address the different risks that corruption creates
(see box).
Some ways to operationalise these shifts might include:
Military:
Working with the military to emphasise how operations can become more
effective and efficient by eliminating corruption, including more
transparent disclosure of procurement, enforceable codes of conduct
(anti-bribery) and integrity pacts (between governments and suppliers).
Leading training workshops for security officials and citizens on how to
strengthen preventative anti-corruption measures. A programme led by
the TI national chapter in the UK (www.defenceagainstcorruption.org) has
focused on scaling this up to the regional level.
Political:
Partnering with legislatures on designing a security strategy that
mainstreams anti-corruption measures and looks at how it complements
different sector policies.
Building a dialogue with ministerial officials on the channels through which
corruption compromises the different dimensions of security. The
experience of TI's work in Poland shows how such exchanges can result
in institutional change — in this case the creation of an anti-corruption
policy for the ministry of defence.
Referencing global and regional codes to assist governments to design
more effective policies that reach the root of the problem. These include
the Development Assistance Committee (DAC) guidelines on helping
prevent violent conflict, which have been produced by the Organisation
for Economic Co-operation and Development (OECD).
Working on judicial and police reforms that target limiting the opportunities
for political and business elites to coopt the process, as well as by groups
tied to contraband and terrorism.
Social:
Mapping how corruption facilitates and causes insecurity, including the
actors and outcomes involved. Such an assessment must also include a
consideration of what happens when anti-corruption efforts are effective
or back-fire. In post-conflict countries, stemming the flow of corruption as
part of demilitarisation efforts may actually spark greater violence if
compensatory benefits and incentives are not in place for the fighters
returning home. Breaking up illegal markets that are facilitated by
6
Contextualising 'security' and its
role in corruption
Finding entry points to address
security risks facilitated and caused
by corruption will be conditioned by
country and cultural contexts.
In many Arab countries, the
governments are seen as 'care-taker
states' and above citizen demands
regarding access to information,
transparency or accountability of
their actions. In Saudi Arabia and
other Gulf States, for example, the
lack of accountability has created
fertile terrain for corruption to take
place within these countries' security
institutions.
In other states, 'security' matters are
considered solely a question of
defence, sacred and outside the
reach of citizens and the law. Sudan,
Syria and Libya, among other
countries, are known for being nontransparent
when it comes to the
states' administrative, financial and
operational dealings on security.
Corruption and (In)security
TI Working Paper # 04/2008
corruption can also lead to greater insecurity and violence once the rules
of the game shift.
Doing outreach and advocacy activities with the electorate to illustrate
how petty bribes, the sale of contraband and the purchase of counterfeit
products are sources of weakened security, in the same way as
questionable military contracts and non-transparent arms exports.
Economic:
Drawing on the OECD Anti-bribery Convention and United Nations
Convention against Corruption (UNCAC) to assist countries in formulating
supportive structures for the prevention and punishment of corruption (in
partnership with parliamentarians and civil society).
21 The establishmentand use of an independent anti-corruption body can help advance this
work.
Working with different industries (e.g. defence, forestry, agricultural) and
actors (public, private and civil society) to develop solutions to the triggers
of corruption and insecurity. The signing of sectoral pacts to promote
clean public procurement processes may be one area for action.
Environmental:
Leveraging global treaties on climate, energy, food and health is a first
step for deconstructing the cross-cutting relationship between the
environment, security and corruption. Since environmental degradation
has no boundaries, solutions must be equally international in scope.
Integrating transparency and participatory policy-making into government
spending on programmes on the environment. This would allow policymakers
to be held accountable for any inequality in funding between
sectors and for more traditional security risks.
This wider perspective of the risks to national and international security will allow
governments to better integrate anti-corruption measures as part of their
response to these challenges. Without this change, the security breaches of the
past may well develop into the tragedies of tomorrow.
7
Corruption and (In)security
TI Working Paper # 04/2008
TRANSPARENCY
INTERNATIONAL
Telephone
+49-30-343820 -0
Fax
+49-30-347039 -12
International Secretariat
Alt-Moabit 96
10559 Berlin
Germany
References:
1
See: Natalia Mirimanova and Diana Klein (ed.), Corruption and Conflict in the South Caucasus (London, UK:International Alert, January 2006).
www.international-alert.org/caucasus/index.php.2
See: Paul Collier, 'Africa Left Behind', Economic Affairs, Vol. 26 No. 4 (2007); Susan E. Rice, 'The NationalSecurity Implications of Global Poverty', Speech at the University of Michigan Law School (Ann Arbor,
Michigan, 2006).
www.brookings.edu/views/speeches/srice/20060130.pdf.3
Please see: NATO, NATO-Russia Glossary of Contemporary Political and Military Terms (Brussels, Belgium:NATO, 2001).
www.nato.int/docu/glossary/eng/index.htm; 'The Global Legal Information Network (GLIN):; 'The Scottish Information Commissioner': www.itspublicknowlegde.info/Law/FOISAEIRsGuidance/
section31/DefinitionOfKeyTerms31.asp
.4
See: Alyson J.K. Bailes, 'Introduction: The world of security and peace research in a 40-year perspective',SIPRI Yearbook 2006 (Stockholm, Sweden: SIPRI, 2007).
http://yearbook2006.sipri.org/intro. 'United NationsUniversity Institute for Environment and Human Security (UNU-EHS):
www.ehs.unu.edu/file.php?id=40; 'TheCommission on Human Security'
: www.humansecurity-chs.org.5
For varying definitions of human security, see the Human Security Report Project of Simon Frasier University:www.hsrgroup.org/index.php?option=content&task=view&id=344<emid=69
. For UN definitions also see:www.un.org/esa/ffd/doha/index.htm
and www.gdrc.org/sustdev/husec/Definitions.pdf.6
See: Nikos Passas, Corruption in the Procurement Process / Outsourcing Government Functions: Issues,Case Studies and Implications (Austin, Texas: Institute for Fraud Prevention, February 2007).
7
This refers to the question whether respondents thought their government's efforts to fight corruption were:very effective, somewhat effective, neither effective nor ineffective, somewhat ineffective, or ineffective. See:
Transparency International, Global Corruption Barometer (Berlin, Germany: Transparency International, 2007).
www.transparency.org/content/download/27256/410704/file/GCB_2007_report_en_02-12-2007.pdf
.
8
See: Petter Stålenheim, Catalina Perdomo and Elisabeth Sköns, 'Chapter 8: Military Expenditure,' SIPRIYearbook 2007: Armaments, Disarmament and International Security (Stockholm, Sweden: Oxford University
Press and SIPRI, 2007).
http://yearbook2007.sipri.org.9
See: Peter Grier, Faye Bowers and Owais Tohid, 'Pakistan's Nuclear Hero, World's No.1 Nuclear Suspect',Christian Science Monitor. 2 February 2004.
www.csmonitor.com/2004/0202/p25s01-wosc.html.10
For 2005 data, see: Eurobarometer, Opinions on organised, cross-border crime and corruption. SpecialEurobarometer Survey No. 245 / Wave 64.3 (Brussels, Belgium: European Union March 2006).
http://ec.europa.eu/public_opinion/archives/ebs/ebs_245_sum_en.pdf
. For 2007 data, see: Eurobarometer, TheEU's relations with its neighbours: A survey of attitudes in the European Union. Special Eurobarometer
285/Wave 67.3 (Brussels, Belgium: European Union, September 2007).
http://ec.europa.eu/public_opinion/archives/ebs/ebs_285_en.pdf
. It is important to note that the figures for 2007are for 27 countries while the data from 2005 covered samples in 25 countries.
11
See: Ronald K. Noble, 'The role of the police in fostering political commitment', 10th International Anti-Corruption Conference (Prague, Czech Republic, 8 October 2001).
www.interpol.int/public/ICPO/speeches/20011008.asp.
12
See: Claire Delavallade, 'Corruption and distribution of public spending in developing countries', Journal ofEconomics and Finance, Vol. 30(2): 222-239 (June 2006); S. Gupta, L. de Mello, and R. Sharan, 'Corruption
and Military Spending', European Journal of Political Economy, Vol. 17: 749-777 (2001).
13
Current recommendations to the World Bank's public expenditure and financial accountability framework(PEFA) suggest bringing defence expenditures into the assessment or adapting the current tool for interested
countries to use in this sector.
14
The figures are estimates from the United States Department of Commerce. See: Mark Pyman, 'Corruptionand the Lack of Transparency in Defence Procurement,' TI-UK Paper presented to the conference 'Arms trade
and development. An ecumenical seminar'. (Brussels, Belgium, 2-3 November 2005). The industry's overrepresentation
in the numbers is confirmed by other findings. The Bribe Payers Index produced by
Transparency International showed that it ranked as the second most likely sector to receive bribes (2002).
15
The quote is taken from a speech made by President Arias to the Inter-American Development Bank inNovember 2000. See: Paul Constance, 'Secrecy is a form of Corruption', IDB America (February 2001).
www.iadb.org/idbamerica/index.cfm?thisid=1193
.16
The International Action Network on Small Arms (IANSA) estimates that trade on the black market in smallarms may range from US$ 2 billion to US$ 10 billion every year. See:
www.iansa.org/media/wmd.htm.17
See: Transparencia Colombia, Conflicto armado y delincuencia organizada: Escenarios de corrupción. Apropósito del caso de Colombia. Cuadernos de Transparencia No. 13 (Bogota, Colombia: Transparencia
Colombia, 2007).
www.transparenciacolombia.org.co/Portals/0/descargas/publicaciones/TRANSPARENCIA%2013.zip
.
18
See: World Bank, Engaging with Fragile States (Washington, DC: World Bank, 2006).www.worldbank.org/ieg/licus/download.html
.19
See: Karen Hussman, 'Thought Piece: What is corruption in conflict zones'. Paper presented at conference'The Nexus: Corruption, Conflict & Peacebuilding Colloquium'. (Boston, Massachusetts, 13 April 2007).
http://fletcher.tufts.edu/corruptionconf/pdf/Hussmann.pdf
.20
See: Natalia Mirimanova and Diana Klein (ed.), Corruption and Conflict in the South Caucasus (London, UK:International Alert, January 2006).
www.international-alert.org/caucasus/index.php.21
The DAC Guidelines explicitly state that corruption is an obstacle to social peace as well as economicdevelopment and include in its recommendations the need to ensure transparency, fight corruption and
strengthen anti-bribery norms and mechanisms.
Transparency International (TI) is the civil society organisation leading the
global fight against corruption. Through more than 90 chapters worldwide
and an international secretariat in Berlin, Germany, TI raises awareness of
the damaging effects of corruption, and works with partners in government,
business and civil society to develop and implement effective measures to
tackle it. For more information go to: www.transparency.org
This Working Paper was
prepared by the TI Secretariat's
Policy and Research
Department. The following
national chapters provided
essential inputs throughout the
process: Colombia, Lebanon,
Palestine, the United Kingdom
and the United States. Peer
reviewers included Dr. Åse
Grødeland (CMI – Norway) and
Dr. Nikos Pasas (Northeastern
University – USA).
To learn about TI's efforts on
combating corruption, visit:
For more information about this
working paper and others in the
series, please contact Craig
Fagan at the TI-Secretariat:
plres [at] transparency.org.
ISSN 1998-6408
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Phil Reddish telling on him self
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