anti-corruption

Developing a Management Standard to Prevent Bribery: ISO 37001 Offers a New Approach, 2012 – 2019

Author
Tyler McBrien
Country of Reform
Abstract

After the United Nations Convention against Corruption went into effect in 2005, pressure grew on private firms as well as governments to prevent their agents and employees—high officials as well as the rank and file—from offering or receiving money or other gifts as illicit inducements in the conduct of business. But in the years that followed, it became apparent that leaders were hard-pressed to identify and establish ways to address those problems. Drawing on his experience in the international construction sector, British lawyer Neill Stansbury recognized the need for operational standards that would enable organizations of all types to reduce or eliminate the structures and behaviors that contributed to bribery risk. In 2013, Stansbury and experts representing 37 countries and eight international organizations came together under the umbrella of the International Organization for Standardization to craft ISO 37001—the first international antibribery management system standard, which laid out specific policies and procedures firms and governments could use to identify and address vulnerabilities before problems occurred. Initially, adoption was slow for three main reasons: companies were focusing their attention on compliance with applicable national laws; introduction of the new standard would demand significant amounts of management time; and final certification would require costly review by an independent third party. A high-profile bribery scandal at one of the first certified companies also raised credibility concerns. As efforts to implement ISO 37001 continued, experience revealed both the advantages and the limitations of adhering to an international management standard to change inappropriate behaviors and create a level playing field in global commerce.

 

Tyler McBrien drafted this case study based on interviews conducted in April and May 2020. Case published July 2020.

Implementing National Anti-Corruption Strategies (Cross-Cutting)

Author
Innovations for Successful Societies Program
Keywords
Focus Area(s)
Abstract

This cross-cutting analysis draws on a series of case studies conducted by Innovations for Successful Societies under the auspices of a grant from the British Academy-Department for International Development Anti-Corruption Evidence Program. Published February 2018.

Heading Off Corruption: Indonesia Acts to Meet UN Standards, 2010-2016

Author
Tristan Dreisbach
Focus Area(s)
Country of Reform
Abstract

In 2010, Indonesia planning agency official Diani Sadiawati acquired a mandate to expand the government’s anticorruption measures. Sadiawati sought to bring the country in line with its obligations under the United Nations Convention against Corruption. The country’s powerful anticorruption agency already had a full agenda and there was plenty more to do. With support from top-level officials, especially reform-minded Vice President Boediono, Sadiawati and her colleagues focused on prevention of corruption. With help from the president’s delivery unit, they began to coordinate actions among a large number of government agencies, overcome resistance to reform, and develop a system for monitoring impact and tracking progress. By 2014, the agencies had met 88% of the targets they had committed to. Civil society observers said the program had not treated many of the root problems, however, thereby underscoring the need for further work. In 2017, new President Joko Widodo leant his support but asked for a number of changes as the program moved into its next phase.

Tristan Dreisbach drafted this case study based on interviews conducted in Jakarta in May and June 2017. The British Academy-Department for International Development AntiCorruption Evidence (ACE) Program funded the development of this case study. Case published August 2017.

Thuli Madonsela

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I
Focus Area(s)
Ref Batch Number
1
Country of Reform
Interviewers
Tristan Dreisbach
Name
Thuli Madonsela
Interviewee's Position
Former Public Protector, South Africa
Language
English
Town/City
Cambridge, Mass
Country
Date of Interview
Reform Profile
No
Abstract

In this interview, Thulisile Madonsela talks about how she transformed the office of public protector into a powerful anti-corruption agency. After a career working in the trade union movement and the Department of Justice, Madonsela became South Africa’s public protector in 2009. The office, established by the constitution in 1995, had a mandate to investigate government misconduct but had primarily worked on administrative justice cases. Faced with an influx of corruption complaints when she took office, Madonsela began to reorganize the agency to better handle that caseload. She identified three main problems she needed to solve: assigning more investigators to corruption cases, creating a triage function to sort through a growing number of complaints, and increasing impact at the level of local government. To achieve these goals, she had to change the culture and performance expectations within the office and secure more financial resources during a difficult period for South Africa’s economy. Madonsela reorganized the office to create an anti-corruption unit, developed triaging criteria, decentralized some functions to provincial offices, created standard operating procedures for investigators, revamped the staff training program, and recruited auditors and forensic investigators. As the reports she released gained attention and brought to light instances of high-level corruption, resistance to her work grew. Madonsela had to fend off accusations and threats and found it increasingly difficult to get resources from parliament. She took care to avoid attacking individuals in the media, to present the investigations as statements of fact, and to link acts of financial misconduct to the suffering of poor South Africans. A 2015 Supreme Court of Appeal ruling further empowered the public protector by declaring that agencies could not ignore the office’s recommendations for remedial action. 

Profile

Thulisile Madonsela received her law degree from the University of the Witwatersrand in 1990 and began her career in the trade union movement. She then moved to the Department of Justice, where she participated in the strategic planning process to transform the justice system in post-apartheid South Africa. Madonsela also was involved in the constitutional dialogue during the 1990s. In 2006, after several years in the private sector, she rejoined the Department of Justice as a law commissioner. In 2009, after a multi-party parliamentary committee backed her nomination, President Jacob Zuma appointed Madonsela public protector. She served a seven-year term in the office. In 2016, she began a fellowship at Harvard University’s Advanced Leadership Initiative.

Full Audio Title
Thuli Madonsela Full Interview

Sri Mulyani Indrawati

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EX
Focus Area(s)
Ref Batch Number
1
Critical Tasks
Country of Reform
Interviewers
Jennifer Widner and Gabriel Kuris
Name
Sri Mulyani Indrawati
Interviewee's Position
Managing Director, World Bank
Language
English
Town/City
Washington, DC
Country
Date of Interview
Reform Profile
No
Abstract

As a follow up to her 2009 interview, Sri Mulyani Indrawati revisits her years as Indonesia’s minister of finance to discuss the challenges of building her economic reform team and institutionalizing performance management at the ministry.  She describes how she worked closely with key members of the KPK (Corruption Eradication Commission) to cultivate motivation and teamwork among government employees.  With the support of her reform team, she established institutional mechanisms to reduce corruption and raise the credibility of the government.  And although Indonesia’s bureaucracy proved to challenge the reform team at times, she explains how performance indicators and standard operating procedures were instrumental to identify and overcome weaknesses in the Ministry of Finance.  In conclusion, Sri Mulyani reflects on the more personal attributes required to move sustainable reform forward: a strong vision along with the trust and commitment of her fellow reformers.   She describes the practice of public asset disclosure as one of the most sustainable reforms her team implemented at the ministry. 

Profile

At the time of this interview, Sri Mulyani Indrawati was managing director at the World Bank.  She has extensive experience in financial reforms to reduce corruption and strengthen economic growth.

Samuel Kofi Woods

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E
Focus Area(s)
Ref Batch Number
9
Country of Reform
Interviewers
Graeme Blair
Name
Samuel Kofi Woods
Interviewee's Position
Minister of Public Works
Interviewee's Organization
Liberian Cabinet
Language
English
Nationality of Interviewee
Liberian
Town/City
Monrovia
Country
Date of Interview
Reform Profile
No
Abstract
In this interview, Samuel Kofi Woods describes his experiences with institutional reform in Liberia, detailing his work for the country first as a youthful activist and later a government employee. Drawing upon his time as labor minister, Woods describes the measures he took to improve accountability and transparency within the ministry, emphasizing the need to lead by example and hold true to principles of equality and fairness. Speaking of the day-to-day running of the ministry, Woods delves into the measures taken to address its human resource capacity. Among other things, he outlines the ‘emergency employment program’ and ‘merit-based recruitment policies’ that were instituted. Woods also elaborates on the tasks he undertook upon his appointment as Minister of Public Works, providing insight into reform strategies and citing actions he took to deal with deep-rooted issues such as corruption and patronage. He suggests that for reform to be sustainable, it is the capacity of institutions that needs to be strengthened, and not just that of individuals. He recognizes, however, that for a reform effort to be successful, support from both high-level government officials and the general populace is crucial. Woods concludes by noting that there will always be challenges faced by those seeking reform, but to be successful, one must learn to adapt to the problems faced and not lose heart. 
Profile

At the time of this interview, Samuel Kofi Woods was the Liberian Minister of Public Works, having been appointed to the position in 2009. A youth activist since the age of 11, Woods went on to become a well-known champion of human rights, receiving the Reebok’s Human Rights Award in 1994 and the Benerementi Medal in 1999. Woods established the Justice and Peace Commission of the Catholic Church in Liberia in November 1991, and played a leading role in documenting and publicizing human rights abuses during the 1989-1997 civil war. His efforts in this regard included the creation of the Forefront Organization in 1994, an international advocacy and support network. Woods also set up the Foundation for International Liberty, an international non-governmental human rights organization with offices in Sierra Leone and Liberia. In 2006, Woods became the Minister of Labor under President Ellen Johnson Sirleaf. He held this position until his appointment to the Ministry of Public Works in 2009. 

Full Audio File Size
74 MB
Full Audio Title
Samuel Woods - Full Interview

Leoluca Orlando

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B
Focus Area(s)
Ref Batch Number
1
Critical Tasks
Country of Reform
Interviewers
Rushda Majeed and Laura Bacon
Name
Leoluca Orlando
Interviewee's Position
Mayor of Palermo
Interviewee's Organization
Sicily
Town/City
Palermo, Sicily
Country
Date of Interview
Reform Profile
No
Abstract

Leoluca Orlando recounts his anti-Mafia efforts throughout his political career, focusing especially on his terms as Mayor of Palermo (1985-1990; 1993-1997; 1997-2000). He begins by explaining the richness of Sicilian identity and the drawbacks to the deeply rooted culture of belonging. As mayor, he aimed to combat the role of the Mafia by addressing these cultural factors. His first step was revitalizing common spaces, such as reopening Palermo’s opera house. Orlando describes the delivery of social services as a second area of reform. Some neighborhoods were completely disconnected from the municipal services and government, a problem rectified through the opening of schools and other services as well as grassroots efforts to expose citizens to the potential of municipal government. In these neighborhoods and throughout the city, Orlando’s administration sought to demonstrate the benefits of a well-run government free from corruption by providing services reliably and maintaining strong commitments, such as delivering all payments within thirty days. Orlando also describes the initiatives aimed at teaching children about the role of government and police, because he believes lasting change requires a shift in mentality and culture, which can only be accomplished if children learn different lessons than their parents might demonstrate. Throughout this interview, Orlando traces his political career and descriptions of his various party alliances and coalitions. Despite his efforts to make his changes sustainable, Orlando expresses concern that his reforms depended too much on him personally.   

Case Studies:  

Palermo Renaissance Part 1: Rebuilding Civic Identity and Reclaiming a City from the Mafia in Italy, 1993-2000

Palermo Renaissance Part 2: Reforming City Hall, 1993-2000

Palermo Renaissance Part 3: Strengthening Municipal Services, 1993-2000

Profile

At the time of this interview, Leoluca Orlando was a member of the Italian Parliament and Speaker of the Italy of Values party, which he co-founded. In Parliament he was on the foreign affairs commission and President of the Inquiry Commission on National Service. He also served as Vice President in Palermo Congress and as Vice-President of ELDR party (European Liberal Democratic and Reform). During his career he has been associated with several parties, including Le Rete (The Net or The Network), which he founded. He served as mayor of Palermo twice, from 1985-1990 and 1993-2000. He is well known for his anti-mafia activities as mayor, and has acted in several films about his work. Early in his career, Orlando served as a legal advisor to Sicilian President Piersanti Mattarella, whose murder in 1980 helped shape Orlando’s life and career. He graduated from University of Palermo, where he also worked as a lawyer and professor of Regional Public Law. Orlando also participates in civil society, including serving as President of the Sicilian Renaissance Institute, and has received numerous awards around the world.  On May 22, 2012, Orlando took office for his third term as mayor of Palermo.

Full Audio Title
Audio Available Upon Request

Earning a Reputation for Independence: Ghana's Commission on Human Rights and Administrative Justice, 1993-2003

Author
Deepa Iyer
Country of Reform
Abstract

In 1993, Emile Short, a private practice lawyer, took on the challenging job of leading Ghana’s new Commission on Human Rights and Administrative Justice. Created by the 1992 constitution, the commission had a triple mandate: ombudsman, anti-corruption agency and human rights monitor. Short had to construct the organization from scratch and make it relevant in a political landscape dominated by the presidency. He had to execute a constitutionally broad mandate and develop a public reputation for independence, despite a limited resource base and no enforcement authority. The commission’s power lay in its evidence-based investigations and public hearings, which, combined with media and public support, helped to expose high-level corruption and mobilize social pressures for greater accountability. Short focused on building the commission’s credibility, developing public education programs and creating a network of anti-corruption civil society groups. Short asserted the commission’s independence early on, investigating allegations of corruption against sitting ministers in 1996. For the first time in Ghana, public investigations of incumbent politicians triggered ministerial resignations.

 
Deepa Iyer drafted this case on the basis of interviews conducted in Accra, Ghana, in July 2011. Itumeleng Makgetla contributed interviews in September 2009. Case published November 2011.
 
Associated Interview(s):  Emil Short

Blowing the Whistle on the Pay-to-Play Game: Campaign Financing Reform in New Jersey, 1998-2012

Author
Rachel Jackson
Critical Tasks
Country of Reform
Abstract

In the late 1990s, civil society reformer Harry Pozycki began a grassroots campaign to eliminate pay to play, a form of influence buying whereby businesses donated money to New Jersey political parties and candidates in exchange for favorable consideration in the awarding of government contracts. Pay to play had plagued state politics for decades and raised the cost of public services. Pozycki pushed for enactment of contracting regulations at the state and local levels that would bar companies making campaign contributions from being awarded New Jersey government contracts. Although civic groups did make steady progress in winning public support for reform, the state legislature failed to pass regulations because both political parties relied heavily on donations from contractors to fund their electoral campaigns. But in 2004, outgoing Governor James E. McGreevey implemented the regulations by executive order, and his successor, Richard J. Codey, carried forward that momentum, thereby enacting a state law that made the regulations permanent. The state and local pay-to-play reforms ultimately required very little administrative cost and avoided legal complications related to free speech by their regulation of state contracts rather than of campaign financing. By 2006, New Jersey had one of the strongest anti-pay-to-play laws in the United States, and several other states followed its model. Under two successive governors, New Jersey continued to consider the legislation and make changes to it through the end of 2012. 

 
Rachel Jackson drafted this case study based on interviews conducted in New Jersey in mid-2012. Case published December 2012. 
 
Most ISS case studies chronicle reforms in detail and rest on large numbers of interviews. This publication is intended to provide an overview of implementation challenges and was informed by fewer interviews than other ISS case studies. 

Toothless but Forceful: Slovenia's Anti-Corruption Watchdog Exposes Systemic Graft, 2004-2013

Author
Gabriel Kuris
Country of Reform
Abstract
When Slovenia became independent from Yugoslavia in 1991, the Central European country rapidly transitioned to free-market democracy, with strong institutions and low levels of graft. In 2004, the government established the Commission for the Prevention of Corruption to demonstrate its commitment to good governance during the application process for European Union membership. However, the new watchdog body, which had no official enforcement powers, soon faced deeper challenges than it was equipped to handle. It found that political and business leaders had colluded to profit from Slovenia’s prolonged and underregulated privatization process, undermining the economy and diminishing public trust. Leveraging its moral authority and limited powers, the commission undertook investigations and released advisory opinions that spotlighted public corruption and the systemic flaws that enabled it. By outfoxing political opposition and developing innovative uses for its investigative powers, the commission and its partner institutions helped spark a nationwide anti-corruption movement. In early 2013, public protests toppled a prime minister the commission found had been in violation of campaign finance rules, and Slovenia’s struggle against corruption reached a turning point.
 
Gabriel Kuris drafted this case study based on interviews conducted in Ljubljana, Slovenia, in November 2012. Case published April 2013.