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CORRUPTION

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International Affairs Forum Fall 2016<br />

Interview with Jessica Tillipman<br />

The George Washington University Law School<br />

Developing countries face special issues,<br />

challenges and constraints to develop<br />

effective anti-corruption campaigns. What<br />

areas present the most problems for them?<br />

What measures/methods can be put into<br />

place to mitigate potential pitfalls?<br />

No two developing countries are the same. While<br />

there are common threads among developing<br />

countries that contribute to corruption, or<br />

contribute to the drivers or causes of corruption,<br />

each country has such different dynamics, it is<br />

impossible to say there’s one particular cause.<br />

I want to point out that you often hear people<br />

saying things like, “corruption is a way of life<br />

in that country” or “they just have a culture<br />

of corruption.” However, I am a big believer<br />

that there is no such thing as a “culture of<br />

corruption.” Yes, corruption is very common in<br />

certain countries, but it is not a cultural thing.<br />

There are factors that have contributed to<br />

corruption in developing countries, but when<br />

people say, “corruption is a way of life”, it really<br />

undermines the role of the average citizen in<br />

these countries. It is difficult to imagine that an<br />

average citizen wakes up every day and says,<br />

“I hope I get extorted today” or “I love paying<br />

these bribes.” Most citizens don’t want to pay a<br />

bribe. Factors have made corruption prevalent in<br />

these countries, but it’s not the average citizens<br />

themselves.<br />

have strong laws to prohibit bribery and strong<br />

enforcement agencies to prosecute individuals or<br />

companies accused of corruption, enforcement is<br />

weak or non-existent. Without enforcement, the<br />

laws are pretty meaningless. In many developing<br />

countries, civil society will try to work with<br />

government officials to strengthen anti-corruption<br />

laws, but without enforcement, political will,<br />

capacity-building, and other tools to assist with<br />

the enforcement of the laws, these efforts don’t<br />

go anywhere. Notably, this problem is not limited<br />

to developing countries. For example, Australia<br />

has their own version of the FCPA (Foreign<br />

Corrupt Practices Act), but they rarely enforce it.<br />

Another driver of corruption is overregulation or<br />

government control over services that are in high<br />

demand. For example, in some countries, it is<br />

common for the government to control hospitals,<br />

where people are asked to pay bribes to receive<br />

care. This is a very common theme when the<br />

government controls certain resources and<br />

there is a weak rule of law. Often, officials act<br />

with impunity. They know that they can demand<br />

bribes and accept bribes without being punished<br />

for it.<br />

Another issue that contributes to corruption in<br />

developing countries is low civil servant salaries.<br />

If civil servants do not make enough to care for<br />

themselves and their families, they will be more<br />

likely to demand or accept bribes.<br />

At the same time, there are some common<br />

threads in developing countries concerning<br />

corruption. One of the primary factors is a weak<br />

rule of law. Although many developing countries<br />

Lack of transparency is certainly a common<br />

theme in many developing countries. In the<br />

US, we talk a lot about the importance of<br />

transparency in our laws. But in many developing<br />

Fall 2016<br />

21

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