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Corruption in Emergencies (CES)

Corruption in post-conflict transitions

 

Adapted from Post-Conflict Corruption: A Rule of Law Agenda? by Madalene O'Donnell (Draft chapter prepared for an International Peace Academy edited volume, Civil War and Rule of Law, forthcoming 2006 - not for citation)

Measures designed to address corruption have rarely, if ever, been incorporated into peace agreements. Yet abuse and corruption by the state is often a root cause of conflict. And, failure to control corruption in the aftermath of war has, in several instances, undermined objectives such as restoring state authority and delivering services.

Post-conflict environments present unique constraints and opportunities in terms of corruption control. First of all, countries emerging from conflict often have high corruption levels, low state legitimacy and capacity, weak rule of law, and residual violence. Economic legacies of civil wars involve concentrations of wealth flowing from illegal or unregulated trade and unofficial "taxes" collected by soldiers, rebel factions, etc. Some post-conflict countries are unable to control corruption while others are unwilling. East Timor is a country where credible leadership appears to exists, whereas post-war leaders in Liberia and Sudan were associated with corrupt patterns of governance.

On the other hand, new opportunities to address corruption may also exist. When political and economic environments are fluid, shifting alliances may create opportunities to sideline elites that would be highly entrenched in more stable countries. International actors tend to have a larger influence in these settings due to troop deployments or massive infusions of aid. Finally, in their own assistance programs, foreign NGOs can set an example of transparent and accountable practices.

The challenge for donors is to target the types of corruption which, if not addressed, can derail the entire transition, but to do so in ways that do not create large additional demands on already overwhelmed reformers within and outside fragile state structures.

How have practitioners balanced these concerns in recent post-conflict contexts? Examples from Liberia, Afghanistan, and the Democratic Republic of Congo may provide some useful insights.

Liberia:
blue helmets helping reformers keep a lid on corruption

Since the end of Liberia's civil war in 2003, security has improved thanks to the heavy concentration of UN peacekeepers. However, donor-financed audits revealed massive fraud on the part of the transitional government affecting all facets of society. In April 2005, the BBC reported that "corruption has now replaced the AK-47 rifle as the preferred method of illicit enrichment."

In 2005, national reformers and international actors took several steps to curb corruption. An Ad Hoc Committee in parliament opened a corruption investigation against its own speaker and former rebel leader, George Dweh. In March 2005, UN forces stepped up security at the parliament and called for calm among Dweh's supporters as parliamentarians called a Special Session and suspended him. In April 2005, peacekeepers seized control of the Monrovia's notorious freeport, the site of massive looting, while the World Bank began preparations to award a contract for external management of the port. In May 2005, corruption topped the list of international priorities emphasized at an international donor conference with Liberian government officials. In September 2005, the government agreed to a comprehensive governance plan that introduced new international checks and controls over award of concessions, revenue collection and management of public spending in the coming months in order to try to rein in corruption. In light of massive fraud, donors pressed hard for the initiative despite objectives from Liberian officials that it infringed on state sovereignty.

It is too early to tell estimate the likely impact of these measures on Liberia's transition. A report by International Crisis Group - Liberia and Sierra Leone: Rebuilding Failed States - for example, argues that nothing short of sustained international engagement for 15-25 years will create the conditions for new, less corrupt political forces to develop. But it provides an example of a more "muscular" approach that goes beyond simply providing technical assistance in procurement and financial management. In the case of Liberia, some action was taken to marginalize potential "spoilers" in parliament and the port even at the risk of antagonizing LURD supporters and other factions. Liberia's experience illustrates the links between security and anti-corruption in post-conflict settings. Without a strong security presence, there would have been very little space to move against flagrant corruption within the capital city itself.


Afghanistan:
acknowledging the corruption costs of keeping the peace

Afghanistan is an example of how initial efforts to bring potential spoilers into the peace processes and into the state may have long-term costs for the country. In the case of Afghanistan, the three closely linked problems of warlords, drug trafficking and corruption threaten to overwhelm nationally-led and internationally-supported statebuilding and development efforts. Because international troop deployments could not secure the entire country, warlords controlling local militias were invited into the transitional government in a power-sharing arrangement. Continuing US military cooperation with warlords on efforts to root out Al-Qaeda and Taliban fighters further strengthened their hand. Finally, when opium production exploded in the post-Taliban period, warlords quickly moved to control lucrative drug trafficking networks, reasserting control at the local level.

Observers have noted that corruption had actually increased since the end of the conflict and appears to be driven from the top. It remains unclear, however, given the uncertain security environment and the slow pace of disarmament, how much space there is for maneuver. Massive rents from drug trafficking now ensure that warlords have an independent financial power base which they can use to buy state influence even after they no longer directly control state ministries. The drug trade represents more than half of Afghanistan's formal GDP, constituting a tremendous risk of state capture unless additional steps are taken quickly.

In Road to Ruin: Afghanistan's Booming Opium Industry, Barnett Rubin recommends targeted sanctions against warlords/traffickers, greater security and reconstruction aid, international cooperation in Afghan counter narcotics efforts, support for improved rule of law, and decreased emphasis on crop eradication.


Democratic Republic of Congo:
promising approaches at the local level

The Democratic Republic of Congo is a massive country with endemic levels of grand and administrative corruption. The DRC's transition from war to the 2005 elections began in 2003. But fighting continues in the east as factions continue their deadly scramble for resources. A report by the International Crisis Group: The Congo's Transition Is Failing: Crisis in the Kivus, criticized the international community for its hands-off approach to corruption:

While donors finance over half the country's budget, they have been unable or unwilling to take serious action against the transitional government's own spoilers. Some members of the government have been suspended for corruption but none has faced criminal charges.

In the midst of this environment, a local initiative to mobilize against corruption along the Congo River is notable. An international NGO, Innovative Resources Management (IRM), began a program financed by USAID to address the tracassaries or illegal taxation of river traders in Western Congo, where 80% of commercial produce travels by water. The massive illegal taxation by unsalaried civil servants stationed at ports throughout the interior had effectively dried up river-based commerce, devastating the rural economy which had served as a bread basket for the capital, contributing to food scarcities in Kinshasa.

IRM obtained copies of legislation specifying that only four agencies are authorized to collect fees in ports and determined that the 90% of the unofficial payments were by agents linked to the Ministry of Interior. They had a series of meetings with officials in Kinshasa and secured the backing of the Interior Minister to bring these payments in line with the law, arguing that fewer payments would increase river traffic and legal government revenues. Associations of transporters and communities were formed along the river to share information on tracassaries and high-frequency radios were distributed to communities allowing them to report illegal payment points directly to the Interior Ministry. After several months, a "critical mass" of community oversight and state monitoring began to change practices in the first province and efforts also began to build momentum in two additional provinces as well.

These types of approaches are sometimes called "islands of integrity" and, while they cannot substitute for political will at the highest levels of government, they can achieve real gains in discrete areas, such as revival of regional commerce and livelihoods - an example of "quick wins" so vigorously sought in post-conflict transitions.


Post-conflict lessons learned for donors

The examples above, along with others, suggest the following lessons to keep in mind when developing anti-corruption strategies in post-conflict settings:

  • Free-standing anti-corruption commissions are destined to fail unless first tier legal, administrative and financial controls are functioning. The Afghan constitution, for example, calls for the creation of an anti-corruption commission to investigate acts of corruption. In 2005, the presidency requested international assistance to train and equip this office. Meanwhile, several line ministries did not even have Chief Financial Officers in place. Primary systems should be in place before secondary bodies, like anti-corruption commissions, are established as a watchdog over those systems.

  • International actors should consider the risks carefully before stepping in to substitute for the government in corruption-control efforts. Although "shared sovereignty" might be necessary in some situations (i.e. Liberia), failures still appear to outnumber successes (i.e. the international administration of customs procedures in Pakistan).

  • The pattern of early elections creates increased incentives for corruption as political parties scramble for supporters and resources to finance campaigns. Steps such as creating a trust fund for political parties - as donors did in Mozambique - might be appropriate in some settings and could help reduce such unhealthy pressures.

  • Support for vigorous and professional monitoring efforts can provide an incentive for better state performance while diagnosing key problems. Publication of all monitoring efforts can increase democratic accountability. In Liberia, it was a series of EU-funded audits that helped to document serious concerns and galvanize concerted action around a broad-based monitoring effort. In Afghanistan, an international monitoring agent helped to review expenditures for reimbursement through the Afghanistan Reconstruction Trust Fund, thereby helping to facilitate budget support while addressing donor fiduciary concerns.

    See Monitoring Governance: Lessons from International Experience for more details about governance monitoring (not specific to post-conflict environments). The report's annex matrices include:

  • In post-conflict settings it is especially important for international agencies to operate in a transparent manner with highly public accountability, providing constant information on their programs, procurement and impacts.

 

 
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CONTACT

Jessica Leigh Schultz
Senior Programme Coordinator (U4) (On maternity leave until 31 December 2010)
jessica.schultz@cmi.no
+47 47938075


RECOMMENDED READING

Need and greed: corruption risks, perceptions and prevention in humanitarian assistance
by Sarah Bailey, Overseas Development Institute (2008)
This Policy Brief – based on the report "Preventing Corruption in Humanitarian Assistance" - outlines corruption risks unique to emergency contexts, perceptions of corruption by affected populations, and the ways in which policies and practices of aid agencies could address these risks more effectively.

Preventing Corruption in Humanitarian Assistance: Final Research Paper
by Daniel Maxwell et al., Transparency International Feinstein International Center and the Overseas Development Institute (2008)
This report, based on seven country studies, analyses the significance of corruption in humanitarian emergencies, where and how it occurs, and the measures agencies take to minimise risk. Obstacles and gaps in addressing corruption are followed by suggestions at the program and program support levels.

Mapping the Risks of Corruption in Humanitarian Action
by Pete Ewins et al., Overseas Development Institute (a report for U4 and Transparency International 2005)


CASE STUDIES

The Overseas Development Institute has produced a range of case studies of corruption in humanitarian assistance:

Corruption perceptions and risks in humanitarian assistance: an Afghanistan case study
Kevin Savage, Lorenzo Delesgues, Ellen Martin, and Gul Pacha Ulfat, HPG Working Paper (2007)

Corruption perceptions and risks in humanitarian assistance: a Liberia case study
Kevin Savage with Mulbah S. Jackollie, D. Maxim Kumeh, and Edwin Dorbor, HPG Background Paper (2007)

Perceptions of corruption in humanitarian assistance among Internally Displaced Persons in Northern Uganda
Sarah Bailey, HPG Working Paper (2008)

Beneficiary perceptions of corruption in humanitarian assistance: a Sri Lanka case study
Samir Elhawary with M.M.M Aheeyar, HPG Working Paper (2008)


RELEVANT EXPERT ANSWERS

Sexual exploitation in peace-keeping missions

Corruption and humanitarian relief



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