These laws are commonly referred as the right to information (RTI) or freedom of information (FOI). The international community recognizes citizens’ ability to access public information as a human right.
Last week, we invited Jennifer Bussell from UC Berkeley to present her fascinating study on corruption, politics and public service reforms in the digital age. The study is based in India and draws on a wealth of qualitative and quantitative data collected in 2009 from 20 subnational states, investigating how pre-existing institutional conditions influence e-Governance reforms.
Public service reforms in the digital age constitute a new era of relations between the citizen and the state. However, scholars have argued that much of the discourse on e-Government has been normative, with fairly optimistic predictions, and wanting deeper moorings in public management theory (Coursey & Norris, 2008; Heeks & Bailur, 2007; Yildiz, 2007).
What do Simeon Marcelo of the Philippines, Santosh Hegde of India, KPK of Indonesia. ACC of Bhutan and ACRC of South Korea have in common? All of them are anti-corruption super heroes (click on the hyperlinks to read their stories) and beacons of hope for all people against corruption. Corrupt officials are terrified of them and they all have served independent ombudsman/anti-corruption agency functions in their country. Over the years I have admired the courageous, professional and dedicated work of these individuals and organizations and had first hand experience of visiting and working with some of them. Based on this I can confidently say that Ombudsman can and do fight corruption successfully when they have the enabling environment and leadership (later I comment on what the success factors are in my view).
How good are the experts at evaluating countries’ anti-money-laundering and combating the financing of terrorism (AML/CFT) systems? That was the central question in a new report released last week by the Center on Law and Globalization. The report takes a critical look at the IMF’s evaluations of the AML/CFT systems of 150 countries from 2004 to 2013. Although we may differ on some of the analysis and recommendations, the report provides ample food for thought and raises issues that need to be addressed and, in certain instances, corrected.
It isn’t possible here to provide a full overview of all the points raised in the report, but a few key messages stand out:
The report finds that assessors were too focused on formal compliance (“rules on the books”) and did not, in any systematic fashion, try to ascertain the real impact of a country’s entire AML/CFT regime in practice. In the words of the report, “Reliance (by assessors) was placed on the prima facie plausibility of the claim that adherence to the [international AML] standards would help reduce money laundering and the financing of terrorism.” This criticism goes to a wider point: that evaluations were conducted without a clear articulation of the objectives to be achieved by AML/CFT measures. If you don’t know what a system is meant to accomplish, how can you evaluate it?
These are valid points and they hold true, not just for IMF evaluations, but also for others (including the World Bank) who carried out assessments using the same internationally agreed methodology. However, the report fails to take due account of the considerable work that has been undertaken in recent years to address and correct those shortcomings.
Since 2010, an intensive process of revision has been underway to improve the AML/CFT standards and the assessment methodology. There has been a long and vigorous debate within the Financial Action Task Force (FATF), the global standard-setter on these issues, and between the FATF and other bodies, about the best way to remedy the system’s deficiencies to make assessment reports more useful. Both the Bank and the Fund have played a very active role in this discussion.
As a result of this process, the new standards approved in 2012, along with a new methodology approved in 2013, provide a framework to address those concerns: Countries’ AML/CFT systems are to be judged based upon an assessment of their effectiveness in addressing a country’s ML/FT risks. Are government interventions commensurate to the risks faced? For example, a country with a negligible financial sector and a high use of cash should probably not spend too much money and manpower on policing its securities sector. Conversely, a sophisticated financial center providing easily usable incorporation services should probably keep a close eye on company registration. As a participant in this process, the World Bank has been a strong proponent of this pivot toward risk and effectiveness. In our view, only such an approach can help countries make meaningful decisions regarding their priorities and their strategies.
(The author works for the Department of Budget and Management and is the Co-Lead Coordinator for the Open Data Philippines Task Force in the Philippines that organized the open data program of the government.)
The Philippines has risen from being a laggard in Asia to an emerging economy fueling growth in the region. The government’s program of transparency and anti-corruption, the bedrock of President Benigno Aquino’s leadership, has served as the nation’s springboard for reforms.
The recently-concluded state-level elections in India’s capital city-state, Delhi, yielded a remarkable outcome. The country’s newest political party, the Aam Aadmi Party (AAP), literally “Common Man” Party, formed only a year ago by civil society activists affiliated to the landmark 2010 anti-corruption movement, routed the country’s oldest political party, the Congress, which has governed the country through most of its post-Independence years. The fledgling party’s performance and subsequent formation of the state government (ironically with the backing in the state legislature of the same party it had demolished), is being hailed as the beginning of something like a peaceful democratic revolution. It has galvanized political participation in a fairly unprecedented way as hundreds of thousands of “common people” across the country have rushed to join the ranks of a political force they hope will deliver better governance. And it had sowed the seeds of fresh optimism in the possibility of an ethical and accountable governance system.
This euphoria might be somewhat premature in the absence of any track record of AAP’s performance in government. But the party’s ascent undoubtedly represents a distinct break from traditional politics and suggests a new paradigm in at least two ways. First, AAP transcends the politics of identity and sectarian interests and practices instead what has been called the “politics of citizenship.” While other political parties have emerged from the grassroots in post-independence India and gone on to become potent regional forces, they have typically had their moorings in identity politics of one sort or another – caste, religion, ethnicity – that gave them dedicated support bases. In contrast, the AAP’s primary plank is good governance. Although it has been criticized for espousing untenable populist economic policies – such as subsidized water and electricity, its economic ideology and policies are very much at a formative stage. Its largest selling point has been its promise to fight corruption and bring probity to governance. Its success has catapulted the problem of corruption center-stage as the defining issue in the upcoming national elections.
Our Top Ten Blog Posts by readership in 2013
This post was originally published on February 21, 2013
There is a silent struggle going regarding how you do governance reforms in development. It is between the prevailing tendency and a small but growing band of practitioners saying things need to be done differently. The prevailing tendency is the packaging of experts-devised best practice packages that we take from country to country…model anti-corruption laws, model designs for the civil service, procurement systems, and financial management systems and so on. Our highly trained experts are invested in their solutions, and the modern global system has a growing array of policy networks on every issue under the sun, and they amass and disseminate norms of ideal practice. So, donors and their experts move from one country to another, offering money, loans, and these packages. So, how are things working out? Not very well is the answer. To use an Americanism; we are not getting stuff done that much when it comes to governance reforms, whatever the sector. Isn’t it high time we changed our ways?
In the next few weeks, we will be running our Top Ten Blog Posts by readership in 2013
Originally published on May 22, 2013
I attended a panel + booklaunch on the theme of ‘Citizens Against Corruption’ at the ODI last week. After all the recent agonizing and self-doubt of the results debate (‘really, do we know anything about the impact of our work? How can we be sure?’), it was refreshing to be carried away on a wave of conviction and passion. The author of the book, Pierre Landell-Mills is in no doubt – citizen action can have a massive impact in countering corruption and improving the lives of poor people, almost irrespective of the political context.
The book captures the experience of the Partnership for Transparency Fund, set up by Pierre in 2000. It summarizes experiences from 200 case studies in 53 countries. This has included everything from using boy scouts to stop the ‘disappearance’ of textbooks in the Philippines to introducing a new code of ethics for Mongolia’s judiciary. The PTF’s model of change is really interesting. In terms of the project itself:
- Entirely demand led: it waits for civil society organizations (CSOs) to come up with proposals, and funds about one in five
- $25k + an expert: the typical project consists of a small grant, and a volunteer expert, usually a retiree from aid agencies or governments, North and South. According to Pierre ‘the clue to PTF’s success has been marrying high quality expertise with the energy and guts of young activists’. (I’ve now added ‘Grey Wonks’ to my ‘Grey Panthers’ rant on why the aid world is so bad at making the most of older people).
- The PTF is tapping into a zeitgeist of shifting global norms on corruption, epitomised by the UN Convention Against Corruption (2003). The idea that ‘they work for us’ seems to be gaining ground.
- The PTF prefers cooperation to conflict – better to work with champions within the state (and there nearly always are some, if you can find them), than just to lob rocks from the sidelines (although some rock-lobbing may also be required).
- It also prefers action and avoids funding ‘awareness-raising’, ‘capacity building’ and other ‘conference-building measures.’
So what works? On the basis of the case studies (chapters on India, Mongolia, Uganda and the Philippines), and his vast experience of governance and corruption work, Pierre sets out a ‘stylized programme’ for the kinds of CSO-led initiatives that deliver the goods:
This summer, I made a project visit to a government clinic in northern Sierra Leone. It is a clinic pretty much in name only, being constructed as 1-bedroom living quarters for a teacher and subsequently converted into a health facility. The nurse took me on a tour, pointing out the problems: a broken scale to weigh infants, no waiting room for early stages of labor, animals grazing and