"...indeed the beginning of wisdom on the issue
is to subdivide and unpack the vast concept."
Robert Klitgaard, 1997
Many of the concepts used in circles of international development
and social science - and in the particular discussions of combatting corruption,
including this web site - are characterised by the utilisation of uncommon
concepts, technical language or jargon. Click on the below concepts for
a short and precise explanation.
Access to information
Access to information refers to the right of interested parties (the public,
NGOs, the media, etc.) to receive information held by government. This
right, protected by international and national laws, provides that official
documents should be generally available, and that any exceptions should
be limited and specific. Access to information increases government accountability
to its citizens and reduces opportunities for corruption.
Accountability
Accountability denotes a relationship between a bearer of a right or a
legitimate claim and the agents or agencies responsible for fulfilling
or respecting that right. One basic type of accountability relationship
is that between a person or agency entrusted with a particular task or
certain powers or resources, on the one hand, and the principal
on whose behalf the task is undertaken, on the other.
A duty to be accountable can be discharged in different ways, but all
accountability mechanisms operate according to three principles:
Transparency requires
that decisions and actions are taken openly and that sufficient information
is available so that other agencies and the general public can assess
whether the relevant procedures are followed, consonant with the given
mandate;
Answerability means an obligation on the part of the
decision-makers to justify their decisions publicly so as to substantiate
that they are reasonable, rational and within their mandate;
Controllability refers to mechanisms in place to sanction
actions and decisions that run counter to given mandates and procedures
often referred to as a system of checks and balances or enforcement
mechanisms. The checks may take many forms, including shaming and praise.
Impunity is the antonym of accountability and apportioning blame for harm
done is an important component of accountability.
Democratic accountability, therefore, refers to the idea that people
entrusted with political power have a duty of accountability to their
electorate - both directly through elections and indirectly through institutional
controls.
Active and passive bribery Active bribery refers to the offence committed by the
person who promises or gives the bribe; as contrasted to 'passive bribery',
which is the offence committed by the official who receives the bribe.
Active bribery occurs on the supply side, passive bribery on the demand
side.
In legal lingo (according to the Council of Europe's Criminal
Law Convention on Corruption, for instance), active bribery
of public officials is defined as the " the promising, offering or
giving by any person, directly or indirectly, of any undue advantage ...
for himself or herself or for anyone else, for him or her to act or refrain
from acting in the exercise of his or her functions". Similarly,
passive bribery is "the request or receipt..., directly or
indirectly, of any undue advantage, for himself or herself or for anyone
else, or the acceptance of an offer or a promise of such an advantage,
to act or refrain from acting in the exercise of his or her functions".
It is important to note that "active bribery" does not always
mean that the briber has taken the initiative. In fact, often the reverse
is true. The individual who receives the bribe often demanded it in the
first place. In a sense, then, he or she is the more "active"
party in the transaction.
Auditing
Auditing refers to an official examination of an organisation or institution's
accounts, to make sure money has been spent correctly, i.e. according
to rules, regulations and norms. Audit institutions like national and
regional Auditor Generals, Audit Offices, State Comptrollers, Ombudsmen,
Tribunals de Cuentas, Cours de Comptes etc. make a vital contribution
to good governance by detecting poor management and inappropriate use
of public money. Auditing institutions can be considered the taxpayers'
independent and professional watchdogs.
Baksheesh
Baksheesh [backsheesh, bakshis] is an Arabic term for a relatively small
amount of money given to a beggar or for services rendered (as to a waiter):
alms, tips, gratuity, pourboire. ("Do you want to see what's in the
tomb which is closed? Baksheesh!"). Where the amount of baksheesh
is inflated or demands for it are illegitimate, baksheesh is synonymous
with bribe or grease money.
Bribery
Bribery is the act of offering someone money, services or other valuables,
in order to persuade him or her to do something in return. Bribery is
corruption by definition. Bribes are also called kickbacks, baksheesh,
payola, hush money, sweetener, protection money, boodle, gratuity etc.
Bribery is widely criminalized through international and national laws.
In particular, the bribing of foreign officials is outlawed by the OECD
Convention on Combating Bribery of Foreign Public Officials.
Bureaucratic corruption
Bureaucratic, administrative or "petty" corruption takes place
at the implementation end of politics, where the public meets public officials.
Bureaucratic corruption is usually distinguished from "grand"
and political corruption (to the extent
it is possible to distinguish administration from politics).
Checks and Balances
Checks and balances usually refer to the institutional mechanisms for
preventing power abuse. Often, they are constitutional controls whereby
the three branches of government (executive, legislative and judiciary)
and other state institutions have powers over each other so that no single
branch will dominate.
Clientelism
Clientelism is an informal relationship between people of different social
and economic status: a 'patron' (boss, big man) and his 'clients' (dependents,
followers, protégés). The relationship includes a mutual
but unequal exchange of favours, which can be corrupt. Patrimonial and
clientelist practices can institutionalise hegemonic elites and political
corruption, often reaching the highest ranks of state power.
Conflict of interest
Conflict of interest arises when an individual with a formal responsibility
to serve the public participates in an activity that jeopardizes his or
her professional judgment, objectivity and independence. Often this activity
(such as a private business venture) primarily serves personal interests
and can potentially influence the objective exercise of the individual's
official duties.
Controlled vs. uncontrolled corruption
Centralised, co-ordinated and disciplined corruption exists in some countries
(controlled), while decentralised, disordered and irregular corruption
exists in others (uncontrolled). These are ideal types (analytical categories);
most countries can be characterised as somewhere in-between. In cases
of controlled corruption, the ruling elite have a relatively strict
control of the processes and proceeds of corruption. Examples include
the former Soviet Union and the 'economic tigers' like South Korea and
Taiwan which experienced economic expansion in tandem with high levels
of (controlled) corruption. In cases of controlled corruption, businesses
will also be able to forecast and estimate the level of corruption, and
include it as a measurable expense. Therefore, controlled corruption
will not be a major impediment to investments and trade. In countries
with uncontrolled corruption, corruption tends to be more common
and unpredictable. The rulers are not in command of who will gain how
much, or from what. Uncontrolled corruption is generally considered more
harmful for a country's economy, although controlled corruption also can
have harmful economic effects in the long-term.
Competitive bidding
Competitive bidding is a selection process based on the principle of open
and transparent advertisement of an item or service, which ensures that
the best bidder wins according to qualifications, value and other objective
criteria (and consequently not according to family or friendship ties,
bribery or threats). Competitive bidding processes are often required
by law on public contracts and purchases above a certain value.
Cronyism
Cronyism refers to the favourable treatment of friends and associates
in the distribution of resources and positions, regardless of their objective
qualifications.
Extortion
Extortion is the unlawful demand or receipt of property or money through
the use of force or threat. A typical example of extortion would be when
armed police or military men exact money for passage through a roadblock.
Synonyms include blackmail, bloodsucking and extraction.
Favouritism
Favouritism refers to the normal human inclination to prefer acquaintances,
friends and family over strangers. It is not always, then, a form of corruption.
However, when public (and private sector) officials demonstrate favouritism
to unfairly distribute positions and resources, they are guilty of cronyism
or nepotism, depending on their relationship with the person who benefits.
Fiduciary risk Corruption is one type of fiduciary risk, which in the development
aid context is the risk that aid funds are not used for the intended purposes,
do not achieve value for money, and/or are not properly accounted for.
Fiduciary risk is of particular concern when donors provide direct budget
support, as partner governments' public financial management systems are
often relatively weak.
Fraud
Fraud is economic crime involving deceit, trickery or false pretences,
by which someone gains unlawfully. An actual fraud is motivated by the
desire to cause harm by deceiving someone else, while a constructive fraud
is a profit made from a relation of trust. Synonyms: Swindle, deceit,
double-dealing, cheat, and bluff.
Gift giving
Gift giving is a cultural practice in many societies, by which people
offer presents and favours in various circumstances according to local
customs. Problems arise when gift giving to and by public officials contradict
the principles of impartiality, professionalism, and meritocracy. In exchange
for a gift, the official is expected to show preferential treatment to
the giver. In those cases, gift-giving can be regarded as bribery.
Graft
Graft (verb) is to obtain money dishonestly by exploiting one's position
of power, especially political power [American English]. Graft is understood
as political corruption with an element of greediness. Graft (noun) refers
to the rewards of corruption: the loot, booty, payoffs, or spoils.
Grand corruption
High level or "grand" corruption takes place at the policy formulation
end of politics. It refers not so much to the amount of money involved
as to the level at which it occurs - where policies and rules may be unjustly
influenced. The kinds of transactions that attract grand corruption are
usually large in scale - and therefore involve more money than bureaucratic
or "petty" corruption. Grand corruption is sometimes used synonymously
with political corruption.
Grease money
Bribes, seen from the angle of the briber and alluding to the drop of
oil given to a squeaky wheel of excessive bureaucracy to make the things
move smoothly again. Also called a softener, sweetener, gift
Holistic approach
To address corruption effectively, conventional wisdom holds that a 'holistic
approach' is needed. Such an approach examines all institutions and practices
within a given country that are relevant to maintaining honest government
and private sector institutions. These include the executive, legislature
and judiciary, businesses, the media, civil society organisations, etc.
Incentives
An incentive is an inducement or stimulus (the carrot or the stick), that
encourages someone to do something. Incentive theory provides a conceptual
framework for analysing the role and potential of recruitment and promotion
mechanisms, detection and penalties, and different wage systems in improving
the efficiency of public agencies. It challenges, for instance, the simplistic
view that pay increases will always reduce fraud in public administration.
Note that an incentive might also be a bribe, persuading officials to
return undue favours to the briber.
Integrity system
Integrity means adherence to a set of moral or ethical principles. An
integrity system, therefore, is a political and administrative arrangement
that encourages integrity. A country's National Integrity System
(NIS) comprises the whole of government and non-governmental institutions,
laws and practices that can, if functioning properly, minimise levels
of corruption and mismanagement. The concept of NIS has been developed
and promoted by Transparency International as a framework with which to
analyse corruption in a given national context, as well as the adequacy
and effectiveness of national anti-corruption efforts.
Integrity pact The Integrity Pact is an agreement intended to prevent corruption
in public contracting. One of the parties represents a central, local
or municipal government, a government's subdivision or even a state-owned
enterprise (the Authority). The other party is usually a private company
interested in obtaining the contract, or in charge of implementing it.
In the processes related to the public project, such as bidding, contracting
and implementing, both the administration and the company pledge not to
bribe or take bribes, and agree to punishment should they break this pledge.
Interest peddling
Interest peddling occurs when a professional solicits benefits in exchange
for using his influence to unfairly advance the interests of a particular
person or party. Interest peddling is addressed through transparency and
disclosure laws, which aim to expose suspect agreements.
Kickbacks
A kickback is a bribe, the 'return' of an undue favour or service rendered,
an illegal secret payment made as a return for a favour. The word describes
a bribe as seen from the angle of the bribed. For example, A gives B a
favour and B gives A a kickback, a 'little something', in return. The
term is used to describe in an 'innocent' way the returns of a corrupt
or illegal transaction or the gains from rendering a special service.
Also called a percentage, share, cut, commission, payoff, etc.
Kleptocracy
(From klepto - to steal, and - kratos - rule: 'rule by looters'). A kleptocracy
is a political system dominated by those who steal from the state coffers
and practice extortion as their modus operandi. Among the more well-known
former kleptocrats we can list Duvalier ('papa Doc') of Haiti, Mobutu
of Zaïre, Bokassa of the Central African Republic, and Suharto of
Indonesia.
Money laundering
Money laundering is the process whereby the origin of dishonest and/or
illegally obtained money is concealed so that it appears to come from
a legitimate source. Money laundering is often use to disguise the proceeds
of corruption, and is widely practiced by drug traffickers, human traffickers,
kleptocrats and white-collar criminals. Bank secrecy and tax havens make
laundered money particularly hard to trace.
Nepotism
Nepotism is usually used to indicate a form of favouritism
that involves family relationships. It decribes situations in which
a person exploits his or her power and authority to procure jobs or other
favours for relatives. Nepotism can take place at all levels of the state,
from low-level bureaucratic offices to national ministries. Many unrestricted
presidents have tried to secure their (precarious) positions by nominating
family members to key political, economic and military/security posts
in the state apparatus.
Patronage
Patronage refers to the support or sponsorship of a patron (wealthy or
influential guardian). Patronage is used, for instance, to make appointments
to government jobs, promotions, contracts for work, etc. However, there
is 'no such thing as a free lunch': most patrons are motivated by the
desire to gain power, wealth and status through their behaviour. Patronage
transgresses the boundaries of legitimate political influence, and violates
the principles of merit and competition.
Petty corruption
"Petty" corruption (also called administrative or bureaucratic
corruption) is the everyday corruption that takes place where bureaucrats
meet the public directly. Petty corruption is also described as "survival"
corruption ("corruption of need"): a form of corruption which
is pursued by junior or mid-level agents who may be grossly underpaid
and who depend on relatively small but illegal rents to feed and house
their families and pay for their children's education. Although petty
corruption usually involves much smaller sums than those that change hands
in acts of "grand" or political
corruption, the amounts are not "petty" for the individuals
adversely affected. Petty corruption disproportionately hurts the poorest
members of society, who may experience requests for bribes regularly in
their encounters with public administration and services like hospitals,
schools, local licensing authorities, police, taxing authorities and so
on.
Political corruption
The term "political corruption" is conceptualised in various
ways through the recent literature on corruption. In some instances, it
is used synonymously with "grand"
or high-level corruption and refers to the misuse of entrusted power
by political leaders. In others, it refers specifically to corruption
within the political and electoral processes. In both cases, political
corruption not only leads to the misallocation of resources, but it also
perverts the manner in which decisions are made.
Prebends
In historic religious contexts, prebends referred to the revenues of a
cathedral estate shared by members of the clergy. Today, prebends refer
to any non-productive revenues, for example the proceeds of bribes and
other forms of corruption, collected by public officers with access to
state resources.
Principal-agent theory
Most public and private organisations are organised hierarchically. The
key relationship in a hierarchy is the one between a subordinate employee
(agent) and his or her superior (principal). Incentive or principal-agent
theory highlights the importance of divergent objectives, asymmetric information,
incentives and penalties, recruitment and salaries etc. A lack of information,
for example, makes it difficult for the principal to monitor the agent's
actions and hold the agent accountable. The theory has been used to construct
micro-economic explanations of corruption and relevant institutional reforms.
Protected disclosure
A protected disclosure is a statement or report about serious wrongdoing,
like corrupt conduct, maladministration or a substantial waste of public
money. It is an admission or revelation that - when fulfilling certain
requirements - entitles the person who made the disclosure to support
and protection from reprisals, victimisation or even prosecution. Protected
disclosures are made internally in the organisation, or to an Ombudsman
or someone with the power to prevent retaliation against the discloser.
See also whistle-blower protection.
Public Financial Management
(PFM)
Public Financial Management refers to the legal and organisational framework
for supervising all phases of the budget cycle, including the preparation
of the budget, internal control and audit, procurement, monitoring and
reporting arrangements, and external audit. The broad objectives of public
financial management are to achieve overall fiscal discipline, allocation
of resources to priority needs, and efficient and effective allocation
of public services.
Spoilation
In legal terms, spoilation is the intentional destruction or alteration
of a document required for evidence; more broadly it refers to the destruction
or plunder of something valuable. Spoilation occurs when high-ranking
officials loot the wealth of their states (see kleptocracy).
The spoils are the benefits reaped, the booty, rewards, profits etc. from
corrupt acts.
Sporadic corruption
Sporadic corruption is the opposite of systemic
corruption. Sporadic corruption occurs irregularly and therefore it
does not threaten the mechanisms of control nor the economy as such. It
is not crippling, but it can seriously undermine morale and sap the economy
of resources.
State capture
State capture is the phenomenon in which outside interests (often the private
sector, mafia networks, etc.) are able to bend state laws, policies and
regulations to their (mainly financial) benefit through corrupt transactions
with public officers and politicans. The notion of state capture deviates
from traditional concepts of corruption, in which a bureaucrat might extort
bribes from powerless individuals or companies or politicians themselves
steal state assets (see kleptocracy). State capture
is recognised as a most destructive and intractable corruption problem,
above all in transition economies with incomplete or distorted processes
of democratic consolidation and insecure property rights.
Systemic corruption
As opposed to exploiting occasional opportunities, endemic or systemic
corruption occurs when corruption is an integrated and essential aspect
of the economic, social and political system. Systemic corruption is not
a special category of corrupt practice, but rather a situation in which
the major institutions and processes of the state are routinely dominated
and used by corrupt individuals and groups, and in which most people have
no alternatives to dealing with corrupt officials. Examples of countries
with systemic corruption might include contemporary Bangladesh, Nigeria,
Cameroon, etc.
Trading of influence
Trading of influence refers to the exchange of undue advantages between
a public official and a member of the public. For example, a public official
may promise to use his or her real or supposed influence to the benefit
of another person in exchange for money or other favors.
Transparency
Transparency is the quality of being clear, honest and open. As a principle,
transparency implies that civil servants, managers and trustees have a
duty to act visibly, predictably and understandably. Sufficient information
must be available so that other agencies and the general public can assess
whether the relevant procedures are followed, consonant with the given
mandate. Transparency is therefore considered an essential element of
accountable governance, leading to improved resource allocation, enhanced
efficiency, and better prospects for economic growth in general.
Whistle-blower protection
Successful law enforcement and anti-corruption strategies are largely
dependent upon the willingness of individuals to provide information and/or
to give evidence. Whistle-blowers are people who inform the public or
the authorities about corrupt transactions they have witnessed or uncovered.
These individuals often require protection from those they expose. Whistle-blower
protection, therefore, refers to the measures (administrative or legislative)
taken to shield the informer from physical, social and economic retaliation.
This bookis targeted at national stakeholders, donors and international actors involved in corruption measurement and anti-corruption programming. It explains the strengths and limitations of different measurement approaches, and provides practical guidance on how to use the indicators and data generated by corruption measurement tools to identify entry points for anti-corruption programming.
This study (available for purchase from OECD) seeks to clarify current trends in the use and misuse of governance indicators as these indicators are applied to developing countries. It includes an in-depth analysis of the most carefully constructed and widely-used governance indicators, those produced by Daniel Kaufmann and his team at the World Bank Institute. The paper argues that composite perceptions-based indicators lack transparency and comparability over time, suffer from selection bias, and are not weel suited to help developing countries identify how effectively to improve the quality of local governance. Fact-based indicators are not necessarily more objective. The authors argue that governance indicators should be based on publicly-available data sets derived from facts, experiences and/or perceptions of diverse, clearly-defined population groups both within and outside the country in question
This paper assesses corruption levels and trends among countries in the transition countries of Eastern Europe and Central Asia. One interesting finding was the lack of correlation between corruption in public procurement reported by firms and broader, perception-based indicators. In addition to an analysis of corruption measurement in the region, the author usefully includes a general "primer on corruption indicators" which outlines definitional and methodological differences between data sources. Composite indices are conceptually less precise than single sources. A major problems is that many give more weight to sources that correlate highly with each other. In the case of expert surveys, high correlation is a natural result of the fact that "experts" read the same analyses as well as each others' rankings. The author argues for broader use of firm, household and public official surveys to identify more specific corruption problems for programming purposes.