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 21^ST 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.

• LET’S 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.

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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]