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Corruption has been the target of significant international efforts in recent decades. A complex web of international treaties and monitoring mechanisms has emerged, aiming to curb this global scourge. But how effective are these efforts? Are countries truly implementing and complying with their international anti-corruption commitments?
In my recent study, Compliance Mechanisms as a Diagnostic and Prognostic Tool for the Evolution of the International Anti-Corruption Cooperation: A Data-Driven Study, forthcoming in 22(2) International Constitutional Law Journal (2024), I try to shed light on these questions. Using innovative text-as-data analysis, the study delves into the vast trove of evaluation and compliance reports produced by the monitoring mechanisms established by the main international anti-corruption. The findings offer a comprehensive assessment of the successes, failures, and enduring challenges in global anti-corruption cooperation.
Unveiling Hidden Patterns with Text-as-Data Analysis
My study aims to be innovative in its scope and methodology. I examine a massive corpus of 555 reports, totaling over 5.5 million words, published by monitoring bodies overseeing major anti-corruption treaties, including the OECD Anti-Bribery Convention, the Inter-American Convention against Corruption (IACAC), the Council of Europe’s Civil and Criminal Law Conventions on Corruption, and the UN Convention against Corruption (UNCAC).
By employing text-as-data analysis, I transform these sprawling documents into structured datasets, revealing hidden patterns and trends in the implementation and enforcement of anti-corruption norms. This approach allows for a systematic and quantitative assessment of country performance, offering insights that traditional qualitative analyses might miss.
A Mixed Bag of Successes and Failures
The study’s findings paint a complex picture of global anti-corruption efforts. While progress has been made, significant challenges remain, and some countries are even showing signs of regression. This is evidenced, for instance, in Figure 1 below, which reports the total number of successes and challenges in implementing UNCAC.
Figure 1. UNCAC – Challenges v. Successes
Among the positive trends, I recall here the following:
Increased criminalization of foreign bribery: Many countries, including major export economies and a growing number of developing states, have criminalized foreign bribery, allowing for prosecution of companies involved in corrupt practices abroad (See Figure 2 below, in relation to the first review cycle of UNCAC)
Enhanced law enforcement cooperation: Several countries have implemented reforms to facilitate international cooperation in investigating and prosecuting corruption offenses, including streamlining extradition procedures and mutual legal assistance mechanisms (Figure 2).
Progress in Preventative Measures: Some countries, particularly in Europe, have made strides in implementing preventative measures, such as adopting anti-corruption policies in public administration and strengthening judicial independence
Figure 2. UNCAC – Review Cycle 1 on Criminalization and Law Enforcement, and International Cooperation: Number of Successes per Country
However, the analysis of the same data highlights a number or enduring challenges, including:
Weaknesses in Prevention: Significant gaps persist in preventative measures, including inadequate protection for whistleblowers, insufficient regulation of lobbying and “revolving door” practices, and weak enforcement of political financing rules (See Figure 3 below in relation to the second review cycle of UNCAC).
Persistent Horizontal Challenges: Common challenges across multiple countries include conflicts of interest, uneven application of asset confiscation measures, insufficient sanctions for legal entities, and inadequate statutes of limitations.
Uneven Enforcement: Enforcement of anti-bribery laws remains uneven, with significant disparities in prosecution rates among countries. Some jurisdictions have yet to see a single foreign bribery case prosecuted.
Regression in Transparency about Compliance: The UNCAC’s second review cycle reveals a concerning trend of fewer countries agreeing to publish full evaluation reports, suggesting a potential decline in transparency and commitment to compliance.
In addition, my analysis singles out some specific thematic areas that are discussed consistently under every monitoring mechanisms. To begin with, the study reveals a consistent lack of adequate whistleblower protection across different regions, particularly in Latin America and Europe. Whistleblowers, who play a crucial role in exposing corruption, often face retaliation, intimidation, and legal challenges. Furthermore, the study highlights weaknesses in regulating political financing, particularly in Europe. Lack of transparency, inadequate oversight, and weak enforcement of financing rules create opportunities for corruption and undermine democratic processes. Importantly, the study also identifies conflicts of interest as a persistent challenge across multiple countries. Public officials using their positions for personal gain undermine public trust and create opportunities for corruption.
Figure 3. UNCAC – Review Cycle 2 on Prevention, and Asset Recovery: Number of Successes per Country
Context Matters: Tailoring Solutions to Specific Challenges
My study emphasizes the importance of context in understanding and addressing the challenges of anti-corruption efforts. The reasons for poor compliance vary greatly across countries, and effective solutions require tailored approaches that consider the unique circumstances of each jurisdiction. For example, while some countries struggle with limited resources and capacity for law enforcement, others face challenges stemming from political interference, entrenched corruption networks, or inadequate legal frameworks. Addressing these diverse issues requires targeted interventions that address the root causes of non-compliance.
Moving Forward: Leveraging Data to Drive Reform
The datasets I generated offer a valuable resource for policymakers, practitioners, and researchers. They provide a roadmap for future reforms by highlighting specific areas where improvements are needed. We can draw some key recommendations from the study:
Strengthening preventative measures: Prioritizing the implementation of robust preventative measures, including effective whistleblower protection, transparent lobbying regulations, and strong enforcement of political financing rules.
Addressing horizontal challenges: Developing targeted strategies to address persistent challenges across multiple countries, such as conflicts of interest, political financing, protection of whistleblowers, asset confiscation, and sanctions for legal entities.
For example, countries need to enact and enforce comprehensive whistleblower protection laws that guarantee anonymity, shield them from retaliation, and provide effective legal remedies. At the same time, they should establish independent and confidential channels for reporting corruption, ensuring that whistleblowers can safely raise concerns without fear of reprisal. As to political financing countries should establish and enforce comprehensive regulations on political financing, covering donations, expenditures, and disclosure requirements; establish independent and well-resourced oversight bodies to monitor political financing, ensuring compliance with regulations and investigating potential violations; and impose effective and dissuasive sanctions for violations of political financing rules, including fines, bans on holding office, and forfeiture of illicit funds.
Promoting evenhanded enforcement: Encouraging countries to prioritize the investigation and prosecution of foreign bribery cases and to ensure consistent and effective enforcement of anti-corruption laws.
Tailoring Interventions to Context: Developing context-specific interventions that address the unique challenges faced by each country, recognizing that a one-size-fits-all approach is unlikely to be effective.
Finally the study reveals significant disparities in enforcement of anti-bribery laws among countries. Some jurisdictions actively prosecute foreign bribery cases, while others have yet to pursue a single case. In in this regards, international organizations may play an important in facilitating the exchange of best practices and knowledge among countries to enhance law enforcement capacity and promote consistent enforcement standards (i.e., sharing best practices); and addressing resource constraints of states, by providing technical assistance and support to countries facing resource constraints in law enforcement, enabling them to effectively investigate and prosecute corruption cases.
Conclusion: A Call for Renewed Commitment and Action
In conclusion I offer a sobering assessment of the state of global anti-corruption cooperation. While progress has been made, significant challenges persist, and a renewed commitment to action is needed. By leveraging the insights provided by data-driven analysis, policymakers and practitioners can develop more effective strategies to combat corruption, promote good governance, and foster sustainable development.
The fight against corruption is a long and arduous journey. But by shining a light on the shadows, we can identify the obstacles, learn from past mistakes, and chart a course toward a more transparent and accountable future.
Leonardo Borlini is an Associate Professor of International Law at the Department of Legal Studies / Institute for European Policy (IEP) of Bocconi University (Milan); an Adjunct Professor of Law, City University of Hong Kong (Hong Kong); and a Lead Expert at the United Nations Development Program (UNDP)’s Global Programme, Governance for People and Planet (G4PP). A full paper on this study is available here.
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