Legal structure

"Inviting a Tiger into Your Home": Indonesia Creates an Anti-Corruption Commission with Teeth, 2002 – 2007

Author
Gabriel Kuris
Focus Area(s)
Country of Reform
Internal Notes
Original draft of case posted September 2012. Correction in spelling of Tina Kemala's name made and new draft posted to the web in October 2012 by Sarah Torian. Minor style changes made and new draft posted to the Web in March 2013 by Suchi Mandavilli.

changed to bring to the front page. original posting 7/11/2014
Abstract
In 2002, under domestic and international pressure to confront corruption after the economic and political collapse of the 32-year Suharto regime, Indonesia established the Corruption Eradication Commission (the Komisi Pemberantasan Korupsi, or KPK). The new commission had powers so strong that one anti-corruption activist said Indonesian politicians were “inviting a tiger into [their] home” by creating it. Still, the public reacted warily, mindful of past failures and distrustful of the commissioners approved by Parliament. After creating an effective operating structure, the commissioners spent more than a year building capacity by introducing innovative human resources policies, cutting-edge technologies, strong ethical codes and savvy investigative tactics. The commission then launched a series of investigations that netted dozens of high-level officials and politicians, with a 100% conviction rate. By the end of 2007, the KPK was standing on a stable foundation, buttressed by solid public support.
 
Gabriel Kuris drafted this case study based on interviews conducted in Jakarta, Indonesia in February and March 2012. For a look at the commission’s second term, see the Innovations for Successful Societies companion case study “Holding the High Ground with Public Support: Indonesia’s Anti-Corruption Commission Digs In, 2007-2011.” Note that many Indonesians have only one name, while others prefer to be referenced by their first name rather than their surname. This study follows the naming conventions used by local media and individuals themselves. Case published September 2012.

Contested Terrain: Reforming Procurement Systems in South Africa, 2013-2016

Author
Tristan Dreisbach
Country of Reform
Abstract

When he took office as South Africa’s finance minister in 2009, Pravin Gordhan found that government officials responsible for purchasing goods and services were wasting billions of dollars every year as a result of inefficiency, errors, and corruption. Gordhan wanted to confront all three problems by consolidating and strengthening control over procurement. In February 2013, he tapped longtime finance ministry official Kenneth Brown to serve as the country’s first chief procurement officer. Brown had to restructure systems, tighten procedures and regulations, and build effective oversight. He assembled a skilled team and persuaded skeptical politicians and business interests to support Gordhan’s goals. His office reviewed and renegotiated costly contracts, provided crucial market analysis and advice on procurement strategies for other departments, and took first steps toward creating an online system. Brown strengthened funding, built a staff, and put new systems in place. By the time he retired in December 2016, his efforts had sharply reduced opportunities for corruption, increased transparency in the procurement process, and slashed the time required to process tenders. The new office helped South Africa better comply with some of its obligations under the United Nations Convention against Corruption, even though Brown and Gordhan faced opposition from people at some of the highest levels of government.

Tristan Dreisbach drafted this case study based on interviews conducted in Johannesburg, Pretoria, and Cape Town, South Africa, in March 2017. The British Academy-Department for International Development AntiCorruption Evidence (ACE) Program funded the development of this case study. Case published June 2017.

 

The Sum of its Parts: Coordinating Brazil’s Fight Against Corruption, 2003–2016

Author
Gordon LaForge
Focus Area(s)
Core Challenge
Country of Reform
Abstract

In 2003, reform-minded civil servants saw an opening to combat pervasive corruption within the government of Brazil. A new president who had promised to end political graft had just come into office. The question was how to secure the right legal instruments, overcome lack of capacity, and create the coordination needed to detect, prosecute, and sanction wrongdoers. The reformers organized an informal, whole-government network to combat money laundering and corruption. They identified shared priorities, coordinated interagency policy making, and tracked progress. Leaders in the judiciary, executive, and prosecutor’s service drafted enabling legislation, strengthened monitoring, improved information sharing, and built institutional capacity and specialization. Gradually, those efforts bore fruit, and by 2016, authorities were prosecuting the biggest corruption case in the country’s history and had disrupted an entrenched political culture.

Gordon LaForge drafted this case study based on interviews conducted in Brazil from December 2016 to February 2017. The British Academy-Department for International Development Anti-Corruption Evidence (ACE) Program funded the development of this case study. Case published February 2017. 

Battling a Cancer: Tackling Corruption in Peru, 2011–2014

Author
Blair Cameron
Country of Reform
Abstract

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.

Preparing to Draft a New Social Contract: Tunisia's National Constituent Assembly Election, 2011

Author
Daniel Tavana
Focus Area(s)
Country of Reform
Abstract

Tunisia’s Independent High Authority for Elections faced a formidable task in May 2011. The newly created commission had five months to organize and implement elections for a National Constituent Assembly that would rewrite the Tunisian constitution. Commissioners moved quickly to build capacity and restore public faith in elections. The commission navigated the pressures of a compressed electoral calendar, an agitated electorate, and skepticism of the transitional government. The story of the group’s efforts to manage a successful election offers insight into how an electoral commission can take advantage of relationships with political parties, government, and the public to overcome inexperience in volatile circumstances. This case study focuses on commission staffing and recruitment, the creation of regional subsidiary bodies, and voter registration.

From a Rocky Start to Regional Leadership: Mauritius's Anti-Corruption Agency, 2006-2012

Author
Gabriel Kuris
Country of Reform
Abstract
After gaining independence from Britain in 1968, the island state of Mauritius developed swiftly into one of Africa's most stable and prosperous democracies. However, the nation's newfound wealth-especially in the booming offshore-finance sector-created distinct risks. Corruption and money laundering jeopardized the country's reputation for good governance. In 2002, Mauritius passed laws that created an Independent Commission Against Corruption, with investigative and prosecutory powers as well as preventive and educational roles. Early missteps and internal discord discredited the commission, but in 2006, Senior Magistrate Anil Kumar Ujoodha set the organization on a new course by building investigative capacity, implementing government-wide preventive reforms, and winning numerous court cases. Six years later, however, the commission was still struggling to win public trust, illustrating the difficulties of combating corruption in a politically charged context. 
 
Gabriel Kuris drafted this case study based on interviews conducted in Port Louis and Quatre Bornes, Mauritius, in March and April 2013. Case published July 2013.
 
Associated Interview(s):  Dev Bikoo

Managing Corruption Risks: Botswana Builds an Anti-Graft Agency, 1994-2012

Author
Gabriel Kuris
Country of Reform
Internal Notes
Quotes Attributed to: Graham Stockwell, Tymon Katlholo, Rose Seretse, Leonard Sechele, Thapelo Ndlovu, Ellah Moepedi, Bugalo Maripe, Modise Maphanyane, Bothale Makgekgenene, Greg Kelebonye, Donald McKenzie, Amanda Gore, David Sebudubudu,
Abstract
In the early 1990s, a string of high-level corruption scandals in Botswana outraged citizens and undercut the country’s reputation for good governance and fiscal prudence. In 1994, the government created the Directorate on Corruption and Economic Crime (DCEC), responsible for combating corruption through investigation, prevention, and education. The DCEC won global recognition for its innovative preventive and educational efforts, ranging from preventive units embedded within problem-prone government offices to outreach programs for youth and rural communities. The directorate’s investigative record was more varied, however. Even though investigations of petty graft led to convictions, high-profile cases foundered in court. The DCEC had limited responsibility for those legal setbacks, because its role in prosecution was merely advisory, but the rulings bolstered public concerns that Botswana’s economic and political elites were above the law. Judicial reforms and capacity-building efforts begun in 2012 raised hopes for future investigative gains.
 
Gabriel Kuris drafted this case study based on interviews conducted in Gaborone, Botswana, in March 2013 and in London in August 2013. Case published October 2013. 
 
Associated Interview(s):  Tymon Katlholo, Rose Seretse, Graham Stockwell

From Underdogs to Watchdogs: How Anti-Corruption Agencies Can Hold Off Potent Adversaries

Author
Gabriel Kuris
Focus Area(s)
Abstract
Leaders of anti-corruption agencies frequently encounter opposition from powerful beneficiaries of existing corruption. Those antagonists often seek to neutralize the agencies by weakening the agencies’ credibility, legal power, or operations. Drawing from ISS interviews and case studies, this cross-cutting report explores responses to this strategic challenge by agencies in eight countries (Botswana, Croatia, GhanaIndonesia, Latvia, LithuaniaMauritius, and Slovenia). The leaders and staff of those agencies worked to overcome opposition by recruiting allies, instituting internal controls to bolster transparency and accountability, pursuing low-visibility preventive efforts, and carefully assessing the pros and cons of high-level investigations. The outcomes of their efforts point to conditions that shape effectiveness and suggest possible workarounds or alternative approaches for anti-corruption agencies in adverse circumstances. 
 
Gabe Kuris authored this paper based on Innovations for Successful Societies case studies of eight anti-corruption agencies. Paper published in 2014. 
 
Associated Interview(s):  Bertrand de Speville

Surmounting State Capture: Latvia's Anti-Corruption Agency Spurs Reforms, 2002-2011

Author
Gabriel Kuris
Country of Reform
Abstract

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.  

Gabriel Kuris drafted this case study based on interviews conducted in Riga, Latvia, in June 2012. Case published October 2012.  

Balancing Responsibilities: Evolution of Lithuania's Anti-Corruption Agency, 1997-2007

Author
Gabriel Kuris
Country of Reform
Abstract
Influence peddling, organized crime, and petty corruption marred Lithuania’s post-Soviet transition to democracy. Concerned that those problems were jeopardizing the country’s efforts to join NATO and the European Union, the government created in 1997 an elite law enforcement unit within the Ministry of the Interior to combat corruption, called the Special Investigation Service (Specialiuju tyrimu tarnyba, or STT). Director Juozas Gaudutis rapidly built the early agency’s capacity. His successor, Valentinas Junokas, helped the STT establish independence and broaden its mandate to perform corruption prevention activities and oversee education, thereby creating Europe’s first multifunctional anti-corruption agency. But Junokas resigned under political pressure after STT agents executed a controversial search of political party offices and investigated multiple legislators for graft just before the 2004 elections. The STT’s new director, Povilas Malakauskas, patched relations with parliament and recalibrated the STT’s strategy to emphasize preventive and educational measures“changing the rules of the game” and “changing values,” he said. As the STT entered its second decade, its agents investigated hundreds of cases annually but faced difficulties in enlisting a wary public in a long-term war against corruption.
 

Gabriel Kuris drafted this case study based on interviews conducted in Vilnius, Lithuania, in May and June 2012. Case published November 2012