"Inviting a Tiger into Your Home": Indonesia Creates an Anti-Corruption Commission with Teeth, 2002 – 2007
changed to bring to the front page. original posting 7/11/2014
Gabriel Kuris drafted this study based on interviews conducted in Jakarta, Indonesia in February and March 2012. For a look at the establishment, structure and first-term leadership of the commission, see the Innovations for Successful Societies companion case study “‘Inviting a Tiger Into Your Home’: Indonesia Creates an Anti-Corruption Commission With Teeth, 2002-2007.” Note: many Indonesians have only one name, while others prefer to be referred to by their first names rather than their surnames. This study follows the naming conventions used by local media and individuals themselves. Case posted September 2012.
Associated Interview(s): Erry Riyana Hardjapamekas
From 2000 to 2009, Peru’s justice system successfully prosecuted former president Alberto Fujimori and other high-level public officials for acts of corruption committed during the previous decade. But the country’s judicial institutions struggled to curb newer corruption networks that were operating with impunity throughout the country. Because the networks had penetrated the justice system itself, it was increasingly difficult to prosecute—let alone convict—people who had participated in briberies, kickbacks, or other schemes. In the 2011 presidential election, Ollanta Humala, whose slogan was “Honesty Makes a Difference,” captured 51% of the vote and gave a boost to reformers within the country’s legal institutions. Humala joined the Open Government Partnership, strengthened Peru’s anticorruption commission, and brought together top leaders from the country’s judicial and legal institutions to improve the government’s response to corruption. In 2012, the comptroller general, the public prosecutor (attorney general), and the president of the judiciary created a new subsystem to bring to trial those officials accused of corruption. They created a new prosecutorial team and designated a specialized chamber to hear the most-complex corruption cases. At the same time, the Ministry of Justice and Human Rights strengthened its capacity to investigate and bring to trial cases involving the misuse of public resources. By 2015, several cases were in preparation, nearing trial. The fight against corruption in Peru continued to face many obstacles, however, including the perception that anticorruption efforts had lost top-level support.
Blair Cameron drafted this case study based on interviews conducted in Lima in August 2015. Case published December 2015.
At the time of this interview, Rose Seretse was director of Botswana’s Directorate on Corruption and Economic Crime (DCEC), a position to which she was appointed in 2009. Seretse served as the deputy director of the DCEC from 2007 to 2009. Prior to joining the DCEC in 1997, Seretse worked in the public service in various capacities. Seretse received her masters in public administration from the University of Botswana. She also holds a bachelors of science in construction engineering and management from Ferris State University in the United States.
In this interview, Bertrand de Speville, as former head of the Independent Commission Against Corruption (ICAC) of Hong Kong, and author of Overcoming Corruption: The Essentials, details the measures that should be taken by successful anti-corruption agencies. He explains how the three-pronged strategy of the ICAC is very effective. The three departments of the ICAC—investigation, prevention, and education--- investigate allegations of corruption, attempt to prevent corruption from occurring in private and public sectors, and try to educate the general public about how to eliminate corruption, respectively. De Speville stresses how important it is for these departments to be closely coordinated. Also, he states how he was able to deduce the common mistakes that countries make in regard to their attempt to fight corruption. One of these common pitfalls is a flawed investigating policy, where countries just go for the “big fish.” Thus, the public may believe that the anti-corruption agency is not impartial, but has a political ulterior motive. Therefore, de Speville explains how resources must be allocated in a way that mostly every allegation of corruption should be investigated. This relates to de Speville’s stressing the importance of public trust, in which he elaborates how measures such as the Citizen Oversight Committee within each department and the institution of public relations, are taken. He states that the real measure of success of an anti-corruption agency is whether it can bring about a change of heart and mind in every member of a community, and draws upon the examples of Hong Kong, Singapore, Latvia, and Lithuania to show that this success is possible.
Case Study: From Underdogs to Watchdogs: How Anti-Corruption Agencies Can Hold Off Potent Adversaries
Born in Southern Rhodesia and educated in England, Betrand de Speville served as Solicitor General of Hong Kong before beginning his career in anti-corruption. In 1992, upon becoming the Commissioner of the Independent Commission Against Corruption (ICAC) of Hong Kong, de Speville commenced his concentration in fighting corruption. Through this position, in which he served from 1992-1996, de Speville witnessed the aspects of anti-corruption agencies that were effective, along with practices that were common mistakes. While leading ICAC, he states that he has few regrets, and that in order for corruption to be fought effectively in the future, although agencies should be tailored to their surroundings, they should have a three-pronged strategy of attack, and warrant public support, while staying away from the common mistakes made while fighting corruption, such as selective investigation. Since then, he has worked with dozens of countries and international organizations on setting up specialized anti-corruption agencies and other aspects of anti-corruption policy. From 1997-2003, he was the advisor to the Council of Europe’s Multidisciplinary Group on Corruption. He detailed the necessities of a successful agency and the pitfalls faced within his book, Overcoming Corruption: The Essentials, which was published in 2010. De Speville is currently the principal of de Speville and Associates, an international anti-corruption consultancy based in England.
In this interview, Graham Stockwell, the former Head of Operations, Deputy Commissioner of the Independent Commission Against Corruption (ICAC) in Hong Kong, as well as the former Director of The Directorate on Commission and Economic Crime (DCEC) in Botswana, details his experiences in the creation and implementation of successful anti-corruption departments. He served in Hong Kong from 1984-1992, and there became more interested in anti-corruption work—specifically about the prevention and educational aspects. He explained how randomly while in Hong Kong, Botswana officials who were impressed by the ICAC program traveled all the way to Hong Kong in order to inquire for help and advice form him about the problems they were having in their country. They asked him to travel to Botswana to help. Upon this request, Stockwell left for Botswana in June 1992 where for two weeks he looked into files that had to do with corruption of the police, customs, and tax offices. He was able to interview people in these different areas as well. Stockwell explained how within this investigation, he discovered that there were problems within the tendering process of Botswana in combination with the fact that there was a lack of attention paid to corruption in the country overall. Stockwell states how the Botswana government appointed him the director of the DCEC due to how he requested a force for investigation, prevention, and education in Hong Kong; and they believed that he was the best man to spearhead such a project in their country. Within the interview, Stockwell stressed how the DCEC was started with nothing; and that the accommodations such an office, furniture, transportation, and other resources needed to be sought out. Following their attainment of these necessities, Stockwell explains how they needed to recruit individuals for the DCEC, so there was the formation of a government formation policy group where there was recruitment predominately via the radio. After recruiting individuals, who were mostly from the United Kingdom and police officers from the local community, the next step was legislation. Stockwell and his 4 colleagues split up to all parts of Botswana and explained the anti-corruption legislation, and received huge governmental backing from the likes of President Sir Quett Masire and his ministers. Also, Stockwell elaborates on some of the cases which were tried during his tenure, and the roles of the investigation, prevention, and education departments within the DCEC. He details how upon leaving Botswana and the DCEC following 4 years of hard work, he believes he left behind a very well-functioning agency; it was the first department that had been set up since the country became independent and it was impressively created from scratch.
Case Study: Managing Corruption Risks: Botswana Builds an Anti-Graft Agency, 1994-2012
At the time of this interview, Graham Stockwell had a great depth of experience of working in anti-corruptions in Hong Kong and Botswana. Stockwell first became involved in fighting corruption upon his joining of the London Metropolitan Police. After three years of serving as a constable for the force, he was promoted to a detective. As detective, he served most of his time in either Criminal Intelligence or in white-collar crime in the Company Fraud Department. Within the thirty years served on the force, he continued to investigate white collar-crime as he moved up in rank, until he retired from the Metropolitan Police as the Commander of the Metropolitan and City of London Company Fraud Department. Prior to his retirement, Stockwell was asked to go to Hong Kong to be the Head of Operations, Deputy Commissioner of the Independent Commission Against Corruption (ICAC). He served there 1984-1992; and became more interested in anti-corruption work—specifically about prevention and educational aspects of corruption. He then was summoned by Botswana officials to aid them in their quest for the creation of an anti-corruption agency. While in Botswana, Stockwell served as the Director of The Directorate on Commission and Economic Crime (DCEC); where him and four of his colleagues created the anti-corruption department from the ground up. He was the leader of creating this department that aimed to investigate, prevent, and educate about corruption in order to eliminate its culmination in Botswana. Through being a part of the successful anti-corruption agencies in both Hong Kong and Botswana, Stockwell stresses that honesty and education of the public, along with the right caliber of officials to lead the agencies, are vital in the success of anti-corruption efforts.
In this interview, Tymon Katlholo explains his experience as the director of Botswana’s Directorate on Corruption and Economic Crime. He explains the importance of establishing and adhering to guidelines when pursuing cases in order to remain politically neutral and non-discriminatory as an anti-corruption agency. He further discusses some challenges he had faced in achieving institutional independence, managing interagency cooperation, streamlining investigative procedures and raising awareness in regions that are beyond the reach of the media. From his experience, Katlholo draws the lesson that corruption is about service delivery and productivity. In order to fight corruption, it is crucial to enhance professionalism, transparency, and accountability.
At the time of this interview, Tymon Katlholo was the director of Tyedo Investments, an anti-corruption consulting firm. He retired from his position as the director of Botswana’s Directorate on Corruption and Economic Corruption in 2009
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.
Eager to demonstrate progress against corruption in order to advance its standing in the accession processes for NATO and the European Union, Latvia established the Corruption Prevention and Combating Bureau, known as KNAB, in 2002. Through its investigations into high-level graft and campaign finance violations, the new agency rapidly established a reputation for effectiveness. When a prime minister tried to dismiss KNAB's popular director on a flimsy pretext, citizens rallied in support of the agency, leading to the prime minister's resignation. Despite an internal scandal and leadership conflicts that undercut its credibility, KNAB launched over a hundred investigations, targeting suspects that included three of Latvia's powerful oligarchs. KNAB's work helped drive a wave of reform that reduced opportunities for high-level corruption in government, changing the laws covering asset disclosure, parliamentary immunity, legislative transparency, judicial procedures, and the financing of political campaigns.