The text below is the full version of Mr. Rafael Marques' presentation delivered at the OCDE 2013 Forum on Integrity, "Improving Integrity in Practice", on April 23, at the OCDE Conference Centre in Paris.
You can also find a PDF version of the presentation here.
The role of civil society in contributing to the fight against corruption in Angola, as elsewhere in Africa, can only be described as crucial. In some countries, especially in Angola, corruption has become an institutional paradigm and the very essence of government.
To be successfully corrupt, and more so in a major scale, has become a life achievement and a badge of honor. Thus it is paramount to reverse this trend for the following reasons:
- Corruption is today absorbing a far greater share of the nation's resources than did the civil war that ravaged the country for 27 years. Thus, corruption deprives the citizens of Angola of the bare essentials necessary to cross the threshold of poverty, in a country that has a lower life expectancy than Haiti.
- Corruption impairs the ability of governments to rationalize and make good use of its human resources and, indeed, their ability to nurture and manage human talent.
- Corruption undermines the society's capacity to build and consolidate strong, stable and democratic institutions.
- Corruption destroys the very moral fabric of society.
What needs to be done?
When we talk about fighting corruption, we are essentially facing two paradoxes. Firstly, the anti-corruption watchdogs are, in fact, defending the state interests against the state institutions, which have been hijacked by corrupt rulers.
These leaders use the full power and prerogatives of their offices to attack the watchdogs and to escape prosecution from their own crimes.
Secondly, there are the democratic countries, multilateral institutions and international NGOs that promote conferences, such as this one, and foster international mechanisms and support for accountability, transparency, good governance and the fight against corruption.
But these same major powerhouses are the ones that also serve their own economic interests by providing broader legitimacy for the corrupt elites of the least developed countries, as well as the legal and accountancy know-how, the business, investment, banking, estate planning and business and financial platforms, that these elites need so as to hoard and protect the fruits of their corrupt activity.
It is in the context of this quandary that fighting against institutional corruption requires greater creativity, and a sacrifice that only few are genuinely interested in making.
Let me share an example. In 2009, I published an investigation that revealed how senior officials in the Angolan Presidency, masterminded the buyout of 24 percent of the shares of the Portuguese Banco Espírito Santo in Angola (BESA) for US $375 million.
These officials, whom I named and shamed, left an easy-to-find record trail in the national Daily Gazette on the ownership of their business venture involved in the transaction. The Portuguese authorities investigated the exposé, and shelved the case in 2012, even though I provided evidence to facilitate prosecution. To my surprise, I just learnt, from an article published on April 18, that the Portuguese Prosecution service reopened the case.
Portugal, an OECD member, has been the most important platform for the laundering of billions of dollars stolen from Angola, as well as the preferred destination of corrupt Angolan generals and government officials for vacationing, recreation and shopping. This situation illustrates the importance of civil society's efforts. At the end of the day, it is in the realm of civil society that genuine concern is to be found, as well as the source of pressure for the authorities to act.
How to increase civil society's capacity for fighting corruption?
For civil society to realize its full potential it requires above all support, recognition, legitimacy, and room for maneuvering.
The corrupt and the corruptors are, at first sight, very cool customers. They look like a million dollars in their Savile Row or Armani suits, sporting Rolex watches and driving Escalades, Bugattis or Lexus - how cool is that? I'll tell you. It's pretty cool!
We'll, the message that the society needs to get loud and clear is twofold:
Firstly, that there is nothing cool at all about stealing from the poor to buy gold trinkets and luxurious goods. Actually, it is not only a crime, but it is petty, nasty and stupid. Days ago, I visited a store in the capital Luanda, where the most expensive bottle of liquor fetches as much as US $40,000. I learnt of a public official who spent over US $200,000 just on cases of Crystal Roederer champagne for a single party.
When you think about it, to steal your countrymen blind to spend the money in such bizarre behavior is rather disheartening.
Secondly, the message to civil society should be that it's rather cool, and in fact highly appreciated by the discerning politician and citizenry of the enlightened democracies of the world, to fight the good fight and denounce corruption, and more so in perilous conditions.
Civil society, as a third sector in a new governance structure, can play a vital role in limiting corruption, but it also have its limits: without being elected democratically, it lacks the formal legitimacy of political parties, as well as accountability measures - a potential entry point for various civil society organizations (CSOs) with questionable motives. A high degree of public scrutiny is thus important to hold CSOs to the same accountability standards as public figures.
For civil society to realize its full potential, an appropriate legal and regulatory framework must be in place, including the respect for basic human rights such as the freedom of expression and association and the freedom to establish nongovernmental entities. Requirements for registering should be reasonable and not constitute a serious hindrance to setting up a new civil society organization.
In addition to the necessary breathing space, CSOs must further have the opportunity to mobilize funding. Also, the effectiveness of CSOs is a function of access to information and knowledge as well as the ability to attract talent. Capacity constraints such as a lack of motivated people can severely compromise the positive role civil society can play in combating corruption.
When identifying the recipient of your grants, the temptation that donors too often succumb to is to look for well meaning, capable, highly skilled and motivated individuals to campaign against corruption with their assistance.
You may ask yourselves: "So? What is wrong with that approach?"
"I'll tell you, ladies and gentlemen. In one word; - Everything". You simply cannot go to academia, to the press, to the parties, to the trade unions, and build from scratch a "fake" CSO under the umbrella of a newly fledged subsidiary of your own organizations. This temptation of control is nothing but hot air. If these individuals were both competent and highly motivated, guess what: they would not have waited for your arrival to start their own CSO.
In fact, this scheme is even more perverse: CSOs are not democratically elected. It should be in the interest of CSOs to adhere to high standards of accountability, transparency and democratic management structures.
The increasing availability of donor funding for CSOs reflects the increased importance, capabilities and professionalism of CSOs but it can also set wrong incentives if the funds are channeled to people, which motives and interest do not lie naturally in that field.
The public, as well as donors, should apply scrutiny in funding and working with CSOs. A strong track record and transparent management practices are usually good indicators of serious commitment and trustworthiness.
The best way to proceed is to fund projects that have shown results and individuals with a solid and robust track record, as well as with a long-standing commitment, and a local constituency. Someone who has a voice, and is already heard. So that your support will only contribute to amplify the music and not to conduct the whole orchestra, as so often seems to be the case with foreign donors.
Joint projects should be the priority. An example of a research project that begs for such a joint effort is the case of the complex and seemingly inextricable network of cross investments between Brazil and Angola.
On June 2012, Brazilian development minister Fernando Pimentel classified as "Secret", until 2027, the documents dealing with the economic and financial relations between Brazil and Angola. This is an unprecedented step in Brazilian economic history.
It covers all aspects related to a US $2.6 billion Brazilian loan to Angola. In Angola, Brazilian companies receive extensive grants and concessions whilst their major contractors and public utilities purveyors become omnipresent in the Angolan marketplace. On the other side, there are instances of single investments exceeding one hundred million USD in Brazilian real estate by our less than beloved kleptocrats.
There is no great mystery as to what is going on. I know. You know. And Mr. Pimentel, the safe pair of hands who took care of the red tape, very well knows what is going on, there cannot a shred of doubt about it.
I mentioned this example to call on the Brazilian minister Jorge Hage, who shares this panel with me, to advise his government to disclose the information concerning the beneficiaries of the US $2.6 billion loan to Angola.
I am happy that this conference has already brought together an anti-corruption campaigner and an official representing the government of Brazil, whose people stand to benefit, as much as mine, from transparency.
As in Portugal, some accountability proceedings can be initiated in Brazil, in regards to the ultimate beneficiaries of the loans, so that the slow machinery of justice can be made to turn its slow but inexorable wheels.
Right now, only some measure of restraint and perhaps some fear of God may be instilled in the malefactors, while only a distant hope for a better future may console the victims.
And that, ladies and gentlemen, would be really cool.
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