PRESENTED
TO THE ORGANIZATION OF AMERICAN STATES, MARCH 31, 2000
By Professor Keith
Henderson, American University, Washington, D.C.
THE
ROLE OF ACADEMIA IN FIGHTING CORRUPTION
UNIVERSITIES ARE ONE OF THE MOST IMPORTANT
INSTITUTIONS IN CIVIL SOCIETY. OVER THE CENTURIES THEY HAVE PLAYED AN IMPORTANT ROLE IN
IMPARTING KNOWLEDGE AND INFORMATION, ENGAGING THE PUBLIC AND GOVERNMENT OFFICIALS ON
IMPORTANT ISSUES OF THE DAY AND IN SERVING AS A BRIDGE BETWEEN SCHOLARS, ENREPRENEURS,
PUBLIC POLICY MAKERS, THINK TANKS, ADVOCATES, JOURNALISTS AND THE PUBLIC. MOST
IMPORTANTLY, IT IS THE INSTITUTION CHARGED WITH INSPIRING AND TRAINING THE NEXT GENERATION
OF POLITICAL AND BUSINESS LEADERS AND IN INSTILLING THEM WITH VALUES THAT WILL SERVE THEM
WELL IN THEIR PERSONAL AND PROFESSIONAL PURSUITS.
- SOLID SCHOLARLY RESEARCH, WHEN COUPLED WITH APPLIED, PUBLIC
POLICY AND RELEVANT RESEARCH, GENERATES NEW IDEAS AND APPROACHES TO PROBLEM-SOLVING THAT
PROVIDES THOSE WITH A STAKE IN ROOTING OUT CORRUPTION THE VISION TO SEE THEIR COMMON
INTEREST. IN TURN, THIS VISION LEADS TO THE FORMATION OF INFORMAL AND FORMAL COALITIONS
ESSENTIAL TO PROMOTE, DEMAND AND MONITOR REFORMS.
- THE MOST CONCRETE EXAMPLE I CAN DISCUSS TODAY IS THE CENTER
THAT I AM NOW WORKING WITH AT AMERICAN UNIVERSITY, AND THE COURSE I HAVE JUST LAUNCHED AT
THE LAW SCHOOL, ENTITLED, "GLOBAL CORRUPTION AND THE RULE OF LAW." WE CALL THE
CENTER TRACCC THE TRANSNATIONAL CRIME AND CORRUPTION CENTER. IT IS RELATIVELY
UNIQUE IN THAT IT MARRIES VARIOUS SCHOOLS AND DEPARTMENTS WITHIN THE UNIVERSITY AND RELIES
HEAVILY UPON LIKE-MINDED COLLEAGUES IN OTHER COUNTRIES FOR RESEARCH AND ADVOCACY. AT
PRESENT, WE HAVE TARGETED RESEARCH AND/OR STRATEGIC REFORM PROGRAMS UNDERWAY IN SEVERAL
COUNTRIES OF THE FORMER SOVIET UNION AND MEXICO AND HAVE A GREAT INTEREST IN DEVELOPING
OUR WORK WITHIN THE OAS REGION.
- ONE OF THE KEY ROLES OF A UNIVERSITY, A THINK TANK, OR AN
NGO LIKE OUR CENTER, IS TO BRING A DIVERSE CROSS-SECTION OF PEOPLE AND ORGANIZATIONS
TOGETHER TO EXAMINE ISSUES, UNDERTAKE RESEARCH, AND HELP FORMULATE PUBLIC POLICY
RECOMMENDATIONS, MODELS AND LESSONS LEARNED IN AN INTERDISCIPLINARY FASHION. HOLISTIC
STRATEGIES ARE NEEDED TO ADDRESS MOST COMPLEX PROBLEMS , ESPECIALLY SYSTEMIC CORRUPTION,
AND VERY FEW INSTITUTIONS HAVE THIS CAPABILITY. AT TRACCC, WE ARE WORKING WITH THE SCHOOL
OF PUBLIC AFFAIRS, THE BUSINESS SCHOOL, THE SCHOOL OF INTERNATIONAL SERVICE, THE SCHOOL OF
HISTORY AND THE LAW SCHOOL. WE ARE ALSO HELPING OUR COLLEAGUES OVERSEAS STRUCTURE
THEMSELVES SIMILARLY. THE RESULT IS RESEARCH THAT HELPS PUT ISSUES INTO THE PROPER
POLITICAL COUNTRY, REGIONAL AND GLOBAL CONTEXT. ULTIMATELY, THIS IS WHAT MAKES ALL THE
DIFFERENCE IN TERMS OF PRACTICAL OUTCOMES AND IMPACT.
- AT THE SAME TIME, MY COLLEAGUE LOUISE SHELLEY AND I, HAVE
BOTH LITERALLY CREATED NEW COURSES TAUGHT AT VERY FEW UNIVERSITY SETTINGS. HER COURSE
FOCUSES ON TRANSNATIONAL ORGANIZED CRIME AND MINE ON TRANSNATIONAL CORRUPTION. WE OFTEN
LECTURE AND TEACH TOGETHER IN AN EFFORT TO LINK-UP THESE INTER-RELATED ISSUES. THIS YEAR,
WE WILL HAVE TOGETHER TAUGHT OVER 5O UNDERGRADUATE, GRADUATE AND LAW SCHOOL STUDENTS
REPRESENTING FIFTEEN COUNTRIES AROUND THE WORLD. THESE CLASSES ARE TAUGHT IN A SEMINAR
FORMAT AND INCLUDE INTERNSHIPS WITH NGOS, ADVOCACY GROUPS, BUSINESS ASSOCIATIONS, LAW
FIRMS AND ORGANIZATIONS SUCH AS THE WORLD BANK, THE IDB, THE DOJ, USAID AND THE OAS.
- SINCE WE ARE DEALING WITH ISSUES AND REFORMS THAT WILL TAKE
A GENERATION OR MORE TO FULLY ADDRESS, WE BELIEVE RELYING ON INSTITUTIONS, LIKE
UNIVERSITIES, AND STUDENTS WHO WILL COMPRISE THE NEXT GENERATION OF LEADERS, IS A SOUND
INVESTMENT AND APPROACH TO THESE COMPLEX PROBLEMS.
- I WOULD NOW LIKE TO SHARE WITH YOU AN IDEA PAPER FOR YOUR
CONSIDERATION. BASED UPON MY PRACTICAL EXPERIENCE AND ACADEMIC RESEARCH IN THIS FIELD, I
FIRMLY BELIEVE A STRATEGY FOCUSED ON PROMOTING THE FREE FLOW OF AND ACCESS TO INFORMATION,
IS THE MOST IMPORTANT ACTIVITY YOU COULD UNDERTAKE. THE "CULTURE OF SECRECY"
THAT STILL EXISTS IN MOST COUNTRIES, PARTICULARLY WITHIN THE BUREAUCRACY, IS STIFLING THE
INFORMATION NEEDED TO SUPPORT INVESTMENT AND MARKET-BASED DEMOCRATIC SOCIETIES AND THE
RULE OF LAW. IT ALLOWS CORRUPT OFFICIALS AND BUSINESSPEOPLE TO MONOPOLIZE POLITICAL AND
ECONOMIC POWER BECAUSE THEY ARE THE CONTROLLERS OF ALL-IMPORTANT INFORMATION. THESE
CORRUPT ACTORS KNOW THAT INFORMATION IS POWER. IT PRESERVES THE OLD RULES OF THE GAME AND
PREVENTS GOVERNMENTS AND BUSINESSES FROM ADAPTING TO THE INTERNATIONAL NORMS NECESSARY TO
BECOME REGIONALLY AND GLOBALLY COMPETITIVE. BEING GLOBALLY COMPETITIVE IS THE ECONOMIC AND
POLITICAL REALITY OF THE 21ST CENTURY.
- AS A RESULT OF THIS CULTURE OF SECRECY, CORRUPTION IS NEVER
FULLY EXPOSED, INSIDER DEALS ARE MADE IN SECRET, AND CIVIL SOCIETY DOES NOT HAVE THE
INFORMATION IT NEEDS TO MEANINGFULLY PARTICIPATE IN THE POLICY-MAKING PROCESS OR TO HOLD
THE GOVERNMENT OR INDIVIDUALS ACCOUNTABLE.
- UNLESS INFORMATION RELATED TO THE REFORMS BEING UNDERTAKEN
TO IMPLEMENT THE OAS CONVENTION IS AVAILABLE TO CIVIL SOCIETY AND THE PUBLIC, THE
DEVELOPMENT OF AN EFFECTIVE MONITORING OVERSIGHT PROCESS WILL NO DOUBT BE ILLUSIVE.
COUNTRY AND REGIONAL INITIATIVES FOCUSED ON THE PASSAGE AND IMPLEMENTATION OF MODEL ACCESS
TO INFORMATION POLICIES, LAWS, REGULATIONS AND REGIMES, COUPLED WITH ON-GOING PUBLIC
ENGAGEMENT AND BUSINESS COMMUNITY ADVOCACY, WILL SERVE TO HIGHLIGHT THE INTER-RELATED
INSTITUTIONAL, ECONOMIC AND POLITICAL ISSUES THAT NEED TO BE ADDRESSED -- INCLUDING
PROMOTING THE FREE FLOW OF INFORMATION.
- EVEN IF NO FORMAL MONITORING MECHANISM CAN BE AGREED UPON
FOR VARIOUS POLITICAL REASONS, THERE IS NO REASON WHY UNIVERSITIES AND NGOS, IN
PARTNERSHIP WITH THE BUSINESS COMMUNITY AND MULTI-LATERALS, COULD NOT UNDERTAKE THIS TASK
IN AN INFORMAL MANNER. THE ONLY THING A UNIVERISTY NEEDS IS ACCESS TO INFORMATION AND
MINIMAL FINANCIAL AND POLITICAL SUPPORT. THIS IS AN AREA WHERE THE OAS HAS OPTIMAL
RESOURCES.
- INDEED, AN INFORMAL MONITORING PROCESS MAY PROVE TO BE MORE
EFFECTIVE THAN A FORMAL PROCESS, ALTHOUGH HAVING BOTH PROCESSES WOULD BE THE IDEAL AND
WOULD SERVE TO PROVIDE A CHECK ON EACH OTHER.
- LETS RISE TO THE CHALLENGE BEFORE US, PRIORITIZE
REFORMS, UNDERTAKE THE NECESSARY RESEARCH, AND SERIOUSLY ENGAGE CIVIL SOCIETY IN THIS WAR.
PROMOTING THE FREE FLOW OF AND ACCESS TO INFORMATION, AND INDEPENDENT JUDICIARIES, IS THE
SINE QUA NON TO SUCCESS.
FOR FURTHER INFORMATION CONTACT
PROFESSOR KEITH HENDERSON, AMERICAN UNIVERSITY; 202 885 2661; E-MAIL:[email protected].
SEE WWW:AMERICAN.EDU/TRANSCRIME.
Presented to the Organization of American
States, March 31, 2000 -- A Proposed Anti-Corruption Strategy
ADDRESSING CORRUPTION AND PROMOTING
INVESTMENT BY BREAKING THE "CULTURE OF SECRECY" THROUGH AN UMBRELLA INITIATIVE
AIMED AT PUBLIC AND BUSINESS COMMUNITY ENGAGEMENT CENTERED ON PROMOTING THE FREE FLOW OF
AND ACCESS TO INFORMATION AND REFORMING PUNITIVE LIBEL, SLANDER AND INSULT LAWS
REGIONAL AND COUNTRY STRATEGIES
One of the best strategies for addressing
the causes of and exposing political and economic corruption, both in-country and
transnational, is to support the passage and effective implementation of an access to
information package of reforms, including reforms related to pernicious libel, slander and
insult laws, consistent with current or emerging international best practices. Global,
regional and country policy dialogue and the passage of new laws and policies in these
areaa, would send an important, symbolic, dual message to the public, the business
community and to government bureaucracies alike that most government information is or
should be publicly and readily available and that freedom of speech, investigative
journalism and the free flow of information is the essential ingredient necessary to
sustainable reform and addressing corruption. While reform of existing libel, slander and
insult laws and the passage and enforcement of an access to information regime will be
problematic, the broad public debate that will ideally ensue from an enlightened and open
public discussion surrounding all of these inextricably linked reforms is the first
fundamental step towards breaking the culture of secrecy that exists in most countries.
This problem is global in nature, but it is especially acute and threatens the democratic
and economic reforms in transition countries like those in Organization of American States
region.
BASIC CONCEPT
Over time, a regional "access
to information" initiative would serve as an umbrella project to discuss and
link-up a number of key legal, political, business and cultural issues, including the need
to: (i) create independent judiciaries to enforce the laws fairly and effectively; (ii)
develop the legal infrastructure and enabling environment needed to nurture and protect
the independent media and investigative journalists; (iii) enhance the viability of
NGOs to develop coalitions and associations needed to monitor government action, promote
and protect their legal rights and be effective reform advocates; (iv) promote
regional and international cooperation and collaborative research among countries, across
sectors and government and civil society and (v) undertake long-term public
education campaigns focused on the costs of corruption to both individuals (particularly
small businesses and entrepreneurs) and society (bad policy and budgetary decisions).
OVERALL FOCUS
Initially, primary attention will be given
to developing the legal, economic, political and social rationale for passing and
implementing reformed libel, slander, insult and access to information laws and policies.
Country case studies and evaluations and political/legal/economic assessments of some of
the most critical problems facing journalists, e.g., access to information,
physical safety, economic bankruptcy and punitive libel, slander and insult laws, from
problematic environments will be undertaken, examined and utilized to determine what
models might work best from country to country. Scholarly and applied research that
evaluates the macro and micro economic and socio-political costs and the benefits of
having these laws and policies in place, will also be undertaken to complement this
initial focus.
Short-term plan: Prepare a
reference/handbook for judges, prosecutors and journalists that outlines the existing
laws, policies and regulations related to access to information, libel, slander and insult
laws. This handbook should include an examination of best practices and case studies from
other countries and regions, research and practical references relating to where to obtain
more information or assistance.
Long-term plan: Country assessments
and a regional comparative report should be undertaken that includes a political, economic
and legal examination of: (i) the need to pass and implement, through a
comprehensive administrative law and regulatory regime, legal reforms necessary to fairly
enforce model "access to information, libel, slander and insult" laws,
regulations and policies; (ii) the need to provide journalists, editors, judges and
prosecutors timely access to national and international legal, political and technical
assistance, including improved training, monitoring, reporting, protection and
transnational information and linkages; (iii) the need to better utilize new
technologies, such as the Internet, as a means to promote international cooperation,
sustainable reform, technical assistance and the free flow of and access to information.
Inextricably linked issues: A
thorough discussion of these issues, through a series of international and targeted
country for a, will serve to highlight a number of other related issues, such as those
relating to the independent judiciary, the regulation of the state broadcast media,
privatization, monopolization and financial ownership control of the media and the
political-economic-legal nexus between transnational organized crime and corruption,
investment, policy making, institution-building, investigative journalism and law
enforcement.
For further information please contact:
Keith Henderson, Adj. Prof., Washington College of Law and Co-Director, TraCCC, American
University: (t) 202 885 2661; (f) 202 885 1389); e-mail: [email protected]